Prescription Dangerous Drug Lawsuit Attorney
Great strides have been made in the development of prescription drugs and vaccines to improve lives by protecting people from disease, making them feel better when they become ill, and improving their quality of life. A university study found that 66% of adults in the United States use prescription drugs with an even higher percentage of users among older segments of the population and people with chronic medical conditions.
Drugs meant to help people may have potentially life-threatening side effects even when prescribed and used as intended, or a mistake in the manufacturing process could put a defective product on the market. If a prescribed or over-the-counter drug causes side effects, you may be entitled to compensation. An NC dangerous drug lawsuit lawyer from The Clauson Law Firm, PLLC, can help.
Holding Drug Companies Responsible
Many prescription and over-the-counter medications have side effects that pharmaceutical companies discover during testing and clinical trials that drugs go through to receive government approval for sale to the public. As with other types of products sold to consumers, medications offered by drug companies must be safe, and known side effects must be disclosed.
When the manufacturer of a drug fails to disclose side effects, it may be liable for injuries and deaths that may result in consumers. Liability may also be imposed for defects caused during the manufacturing process, failing to provide adequate instructions for use of the drug or make side effects known in the labeling, and other conduct or activities related to a prescription or over-the-counter medication.
For example, the company responsible for the development and distribution of OxyContin, a widely prescribed but highly addictive pain-relief drug, faced criminal charges filed by the federal government. It eventually entered a guilty plea admitting, among other things, to engaging in a marketing campaign intended to mislead people about the dangerous side effects of the drug.
A prescription dangerous drug lawsuit attorney can help you recover damages against a pharmaceutical company when a defective drug causes injury. Some of the damages recoverable through a settlement or trial of a lawsuit filed on your behalf include the following:
- Medical expenses: All costs associated with diagnosing and treating the injuries caused by a defective drug, including physicians, hospitals, rehabilitation, and other current and future medical expenses.
- Lost earnings: When injuries caused by a defective drug cause you to lose time from work or leave you with a disability that diminishes your earning capacity you may recover the lost earnings as damages.
- Physical and emotional pain and suffering: You may be entitled to compensation for the emotional and physical harm you endured as a result of the conduct of a drug company.
- Wrongful death: If a dangerous drug causes the death of a loved one, surviving family members may recover compensation for their loss of the guidance, affection, and support of a loved one.
A court or a panel of jurors may award punitive damages in cases in which the conduct of a drug company is proven to be intentional, outrageous, or shocking to the conscience. Unlike other forms of damages intended to compensate victims for their injuries, the purpose of punitive damages is punishment for wrongful conduct.
Federal Oversight May Not Be Enough to Prevent Harm from Prescription Drugs
The federal Food and Drug Administration has the responsibility for protecting the public by overseeing the safety, quality, and effectiveness of vaccines and drugs. It has the authority to order a drug company to remove a product from the market when it poses a threat of harm to consumers.
There are three levels or classifications of recalls the FDA may order:
- Class I recall: Used to order a drug off the market when there is a probability that it will cause injury or death to someone taking it.
- Class II recall: Reserved for those situations where a drug may cause a person to experience a temporary health problem or pose only a slight threat of serious harm.
- Class III recall: A drug violates FDA regulations pertaining to manufacturing or labeling, but it is unlikely to cause a person to experience an adverse health issue.
The FDA does not always issue a public announcement about drug recalls. If you believe that a drug you took may have caused you to suffer harm, do not wait for a recall to contact a dangerous drug lawsuit lawyer right away.
When a drug is recalled by the FDA, it may not happen until the agency becomes aware of it causing people to suffer injuries or death from adverse effects. You should not wait for a recall to speak with a lawyer to learn about options you have for obtaining compensation for your injuries.
An experienced drug lawsuit attorney makes a difference
It takes an experienced drug lawsuit lawyer to recognize when the facts of a dangerous prescription drug case point to the liability of parties other than or in addition to the pharmaceutical company that produced the drug. For instance, a drug company may be at fault for failing to promptly recall a medication from the market after discovering a defect or it may be liable for inadequate labeling that failed to warn of defects.
The facts of a particular case may show that a pharmacist or a physician may be liable for prescribing or dispensing the wrong medication or the correct medication in the wrong amount to a patient. A hospital at which a drug was incorrectly prescribed or dispensed may also be liable for the payment of damages to a patient harmed due to the mistake.
A knowledgeable attorney with a background in the handling of complex dangerous drug cases can overcome issues that arise in these types of cases. One such issue is determining an effective legal theory on which to base a successful claim for damages.
Dangerous prescription drug lawsuits may be based on the drug being a defective product. A product is defective when there is a failure on the part of a drug company to warn consumers and their physicians about harmful side effects by including warnings in the product label and in the advertising the company does to promote the drug.
Drugs may also be defective because of their design. The design, which is the combination of substances that go into the creation of the drug, may be inherently dangerous. In other words, manufacturing the product using a particular set of ingredients will produce a product that is a harmful dangerous product.
A manufacturing mistake by one of the pharmaceutical companies licensed to produce the polio vaccine in the 1950s resulted in paralysis or death in 25 children who received it. The vaccine was designed using dead poliovirus to trigger immunity in patients. The problem the company had was that during the production of a batch of the vaccine a mistake allowed live poliovirus to be used to vaccinate members of the public.
If a drug company rushes a product to market by not thoroughly testing it in the laboratory or by shortening clinical trials, it may be held liable based on negligence. A negligence theory of liability is based on the careless or reckless conduct of the drug company that allowed a dangerous drug to get into the marketplace for use by unsuspecting consumers.
Recognizing When a Prescription Drug May be Dangerous
Not following the instructions of your doctor or the label that comes with them can make any prescription medication dangerous. Some drugs may be dangerous because of the characteristics of ingredients used to make them. For example, Valsartan is a popular medication widely prescribed by physicians for patients with high blood pressure, but some batches of Valsartan were recalled due to contamination. The announcement by the FDA of the recall said the affected lots contained N-Nitrosodimethylamine or NDMA, which is a known carcinogenic substance. NDMA was also found in ranitidine drugs used to treat heartburn and resulted in the recall of Zantac.
There is a difference between common side effects, such as nausea, drowsiness, a rash, or dizziness you may experience after taking a drug prescribed by your doctor. Common side effects usually go away on their own once you stop taking the medication and do not cause lingering harm.
A dangerous prescription drug, on the other hand, may cause serious and life-threatening harm, including cancer, heart attack or stroke, and other medical conditions. The best way to learn whether you may be entitled to compensation is to speak with an attorney who handles prescription dangerous drug claims.
Speak to a Gifted and Compassionate Drug Lawsuit Attorney
A consultation with a dangerous drug lawsuit lawyer at The Clauson Law Firm, PLLC, gives you access to a wealth of knowledge and legal advice about your rights and options when harmed by a prescription drug. Even if you are uncertain whether you have a claim for compensation against a drug company a free consultation with one of our attorneys can provide answers to your questions and address your concerns. Call us today at 833-680-0177 or contact us through our website.
