While modern medical research has produced medications that can improve health and extend both the length and quality of life, some medicines on the market pose dangers to consumers. As a result, many people have suffered injuries. If you believe a defective medication has harmed you, the dangerous drug lawyers from Thomas Law Offices are here to help.
As a patient, you expect the drugs you take, whether they’re prescription or over-the-counter, to address your medical concerns. When a drug causes unexpected harm resulting from inadequate testing, manufacturing errors, or dangerous side effects, you have the right to pursue a claim to seek compensation for your losses.
To file a successful claim, your first step is to understand what drug caused your injuries and how it affected you. Your lawyer will conduct a thorough investigation to determine how and why you’ve suffered.
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Types of Dangerous Drugs
While most drugs have side effects, not every drug is labeled dangerous. Those that are considered hazardous can pose a severe risk to those that take it. Some of the medicines that have sparked lawsuits in the past include the following:
- Depakote
- Elmiron
- Injectafer
- Lipitor
- Paxil
- Pradaxa
- Ranitidine
- Risperdal
- Valsartan
- Viagra
- Yaz
- Zoloft
If you’ve taken one of the drugs above and have been injured, you need help from a dangerous drug lawyer. It can be confusing to determine how to proceed, which is why it’s essential to be supported by an experienced attorney.
What to Do If a Medication has Harmed You
To protect yourself and your future, there are certain steps you’ll want to take after you believe you’ve suffered injuries from a defective medication. The first step, no matter the severity of your symptoms, is to seek medical attention. Remember to use your best judgment. If you feel you need to go to the hospital, have someone drive you or call 911.
When you get in to see a medical professional, remember to be honest with them. Tell them about any medication you’re currently taking, as it’s possible you could be experienced a severe drug interaction. Once you’ve been treated and can return home, retain what you can from the drug’s original packaging. If you have the receipt, keep that as well. Document the issues you experienced and keep all your paperwork from the doctor.
Filing a Dangerous Drug Claim
The U.S. Food and Drug Administration (FDA) is responsible for protecting public health by regulating human and animal drugs, biologics, medical devices, and products that emit radiation. Drugs have to pass through several trials to be released on the market. However, if it’s later discovered that an FDA-approved medication is dangerous, it’s likely to be recalled.
If you think a harmful medication has injured you, a personal injury attorney from Thomas Law Offices can help you determine if your situation merits a claim. If it does, they will start by conducting an investigation. They will interview you, collect your medical records, and seek professional medical guidance to determine if a defective medical brought you harm.
Suppose there is clear enough evidence to move forward. In that case, your attorney will look into determining where the manufacturer went wrong and how their negligence connects back to your injuries and losses.
Determining Fault for a Dangerous Drug
When pursuing a defective drug claim, one of your lawyer’s main focuses will be determining who to hold accountable for your injuries and losses. Anyone that was involved in providing a flawed drug to consumers can be held liable. To start, your attorney will look at the manufacturer. It’s also possible the physician that prescribed you the medication could be held accountable.
Depending on the situation, you may file a product liability claim or a medical malpractice claim. Either way, you’ll want strong legal representation by your side. When it comes to deciding who to hold accountable, you’ll want to look at potential manufacturing defects and the side effect you experienced, as well as marketing defects.
Manufacturing Defects
If a mistake happens at the facility where the manufacturer is making the pharmaceutical, the error could affect a particular batch of the drug or the entire line. If the whole line is affected, it’s typically a formulaic problem. When just a small batch of the drug is affected, however, it can be harder to narrow down what happened.
Errors can also occur when drugs are being bottled or when they are being shipped to pharmacies. If, for example, a drug isn’t stored correctly, it could be contaminated during shipping. It’s also possible for labeling errors to occur, resulting in a pharmacist or consumer believing it’s a different product.
Dangerous Side Effects
Consumers have the right to deal with the symptoms of an underlying condition or use medication to reduce or stop those symptoms. If, however, a consumer is not adequately informed, they do not have the opportunity to make that choice.
Some of the more dangerous side effects that result in personal injury claims include the following:
- Birth Defects. Congenital disabilities resulting from medication often arise when a pregnant woman takes an unknowingly dangerous medication throughout her pregnancy. Spinal defects and brain disorders are among the most common.
- Brain and Nervous System Disorders. When a manufacturer fails to warn consumers about an increased risk of severe nerve and muscle disorders, it’s possible a person could end up paralyzed, brain damaged, or with nerve damage in other parts of their body.
- Cardiovascular Effects. Defective medications can result in heart attacks, fatal heart rhythms, heart failure, and stroke. Just those conditions alone have resulted in billions of dollars in lawsuit settlements.
Dangerous prescription and over-the-counter drugs can also cause cancer, priapism, memory loss, blood clots, hallucinations, and more.
Marketing Defects
If you’ve seen even one drug commercial, you know that most medications have the potential to cause serious side effects. Consumers need to be made aware of those side effects, which is why manufacturers are legally obligated to warn consumers about them. Doctors also need to go over the side effects of any medication they recommend to their patients. If either party fails to follow through, they should be held accountable.
There’s also the possibility that a manufacturer intentionally concealed evidence of dangerous side effects. If a consumer finds out about those side effects, they may be able to obtain a substantial damages award.
Valuing a Dangerous Drug Claim
As the victim of a company or individual’s negligence, you deserve compensation to manage your losses. Your dangerous drug attorney will fight on your behalf to ensure you are offered a full and fair settlement. In most instances, you can expect to receive compensation for your medical expenses, lost wages, reduced quality of life, and pain and suffering.
Losses like medical expenses and lost income are considered economic damages because they can be calculated directly with items like hospital bills and pay stubs. Like pain and suffering, other losses are considered noneconomic because they are based on more objective losses. The latter is harder to calculate, which is why you’ll want a legal representative by your side.
Contact Us for Proven Legal Experience
At Thomas Law Offices, we understand the impact a defective medication can have on your life and the lives of your family members. We believe negligent manufacturers should be held accountable and that victims deserve the best possible chance at recovery.
If you’re in a situation where you believe you have a potential personal injury claim, our dangerous drug lawyers are prepared to guide you through the claim process. If reaching a fair settlement is not a possibility, we’ll pursue a lawsuit to get an official verdict from a judge or jury.
The sooner you get in touch with an attorney after suffering injuries, the better your chances are of maximizing your compensation and getting your life back in order. Contact us today to learn more.
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