Monday, March 10, 2014

Dangerous Drugs & Product Liability

The pharmaceutical industry makes billions of dollars each year, and millions of Americans use prescription drugs and over the counter medications each day. Although these drugs are intended to help people, what can victims do if they actually cause more harm?

If you have been injured by a pharmaceutical drug, you may be able to seek compensation through a product liability claim. There are three main types of defective product claims filed for dangerous drug injuries.

Pharmaceutical drugs with manufacturing defects.
These claims involve injuries caused by pharmaceutical drugs that have been manufactured improperly or tainted in some way. The defect can occur when the drug is manufactured, at the pharmacy where the drug is bottled, when the drug is labeled, or any other situation in which an error is made before the victim received the drug.

Pharmaceutical drugs with dangerous side effects.
These claims involve injuries caused by pharmaceutical drugs that have serious side effects that cause injury, despite being manufactured properly. In some cases, the manufacturer knew of the dangers but concealed them; in others, the drug was on the market for a while before it is discovered that the drug caused or increased the risk of certain injuries, such as heart attacks.

Pharmaceutical drugs that are improperly marketed.
These claims involve injuries caused by drugs that have incorrect or incomplete marketing. The marketing of a drug refers to the instructions, warnings, and recommendations for the product. Victims may be able to take legal action if they were injured because of a failure to provide adequate instructions about the safe use of the drug or the failure to provide accurate and complete warnings about possible dangerous side effects of the drug.

Can I file a product liability claim for my injuries?

Dangerous drug cases often involve a combination of these different types of defective product claims. To take legal action and pursue compensation for your injuries and losses, your attorney must prove the following in your product liability case:
  1. You suffered injury or illness;
  2. The drug you used was defective or marketed improperly, which includes any dangerous side effects that you were not warned about; and
  3. The defect or improper marketing caused your injury or illness.
Don’t hesitate to speak with a knowledgeable products liability lawyer if you were harmed by a pharmaceutical drug. Our experienced team at De Castroverde Law Group can help you understand your legal options and assist you in seeking justice. Visit the Dangerous Drugs page on our website for more information.