Prescription Drug Lawsuits
Each year many consumers are injured or die because of the side effects of dangerous prescription drugs. Both prescription and over-the-counter drugs can have disastrous side effects on patients’ health. Pharmaceutical drugs with deadly side effects often make it to the market because their dangers were not anticipated during clinical trials. These types of pharmaceutical drugs are also known as defective drugs. Defective drugs are drugs that have been identified by the FDA as having dangerous side effects that outweigh any benefits.
Many of these drug side effect cases result in the pharmaceutical company recalling the drug to prevent further injury. Pharmaceutical companies that knowingly market dangerous products may be held liable for injuries sustained by the victim. If you or a loved one were seriously injured due to a drug side effect you may be entitled to compensation. Contact an attorney to learn more about your legal rights and filing a drug lawsuit.
What Causes Drugs to be Defective?
Defective medications may be considered ‘defective’ for a variety of reasons. In some cases, the drug is contaminated during the manufacturing process. For example, there may be a problem in the formulation of the product, causing the entire line of medication to be flawed.
In other situations, an unexpected drug side effect is only brought to light by complaints from patients or doctors. The pharmaceutical company may or may not have known of the danger while the defective medication was offered for sale. If you or a loved one were seriously injured due to a drug side effect you may be able to compensation. Contact a defective drug lawyer to learn more about filing a lawsuit.
Risks & Side Effects
Drug side effects may indicate a drug is defective. Some examples of serious drug side effects include:
- Heart conditions (heart attack / Stroke
- Kidney and liver disorders
- Pulmonary dysfunction
- Blood clots
- Birth defect
- Respiratory disease
- Skin conditions
FDA Drug Recalls and Warnings
When the side effects of an FDA approved drug outweigh its benefits, the FDA issues a drug recall. In addition to recalling a drug, the FDA monitors drugs currently on the market and, if needed, makes changes to labeling information (indications, drug side effects, and warnings). The FDA also receives petitions from consumer advisory groups.
Filing a Lawsuit
Before you file a drug lawsuit against a manufacturer, the first step is to report the defective drug. If you received the medication through a prescription, talk with your doctor. In the case of an over-the-counter medication, call the number listed on the box to report your experience to the drug manufacturer. Make sure that what you have experiencing is not a known side effect that you were unaware of. You may also wish to report your drug side effect experience to the FDA.
Once you have reported the situation, you may wish to pursue a drug lawsuit for damages, such as compensation for your medical bills. A product liability lawyer who has experience in handling drug lawsuits can advise you about your possible legal options. Although it can seem intimidating to face a drug company in court, remember that every class action lawsuit or defective drug recall started with a single individual who felt that there was a problem with the medication.
Once you file a claim against the drug manufacturer, the company may offer you a settlement. You can either accept this offer or take the case to court. In either situation, there are several types of damages you may be eligible to receive. These include current and expected future medical bills, lost wages, and pain and suffering. Punitive damages may also be awarded if the jury finds that the drug manufacturer was grossly negligent or knew their product was dangerous and covered up this fact.
In order to prove your case, you will need to prove several legal elements:
- First, that the drug company owed the user of the product a duty of care in designing a drug that is considered safe.
- Second, the drug manufacturer breached that duty through the negligent design of a defective or unreasonably unsafe drug.
- Third, that this breach of the duty of care caused the user to sustain a serious and/or permanent injury by taking the medication.
Proving each of these factors can require a complex legal case involving medical records and the testimony of medical experts. This is why you should contact an attorney who is experienced in handling these types of defective drug lawsuits.
Contact a Lawyer
If you believe that you or a family member have been seriously injured by a dangerous medication, you should contact a defective drug lawyer. They will help you understand your legal options for pursuing the compensation you deserve. A drug lawyer can also help you determine which parties may be held liable for your injury, help you negotiate a fair settlement, and assemble a strong legal claim against the drug manufacturer. When you are suing a drug company, expect that they will be represented by a team of experienced lawyers which is why you need a defective drug attorney representing your interests in order to level the playing field.