Four Things to Know if You Plan to Sue for Defective Drug

Defective drugs can pose a serious threat to your life, putting your health and wellbeing in jeopardy. You may require extensive hospitalization and treatment, resulting in lost days of work and subsequent income.

Harmful side-effects of drugs are another danger associated with prescribed medication. Patients suffer when they are prescribed dangerous and defective drugs that are placed by the big pharmaceutical companies onto the marketplace.

If you or a loved one has suffered the side-effects of a defective, dangerous, or harmful drug, then it is important that you speak up and reach out for legal help. Fighting the big pharma or medical device companies is very tough, but not impossible. If you have an experienced legal team to help you, you will be able to represent yourself successfully in court.

If you want to take action against the drug manufacturer, it is important that you report your case to the U.S. Food and Drug Administration (FDA).

Here are a few things that you need to know about defective drugs and their side-effects, and how you can get legal recourse.

What is a Defective Drug?

A defective drug is an over-the-counter medication or a prescription drug that causes a physical, psychological or emotional injury or problem, as a result of its use. Usually, defective medicines have long-term effects, and the injuries become evident only after a long time. Incomplete or insufficient labeling are very often the causes of the defects. Components of medicines are sometimes not spelt out clearly, and can lead to allergic reactions and other more life-threatening complications.

The drug manufacturer or the pharmaceutical company that’s marketing the drug is responsible to ensure that all authorized tests have been carried out to guarantee the safety and efficacy of the drug. Only then can it be submitted before the FDA for approvals, and be brought to the marketplace.

If the drug manufacturer has not carried out extensive tests and has compromised on the safety of the drug then you can file a lawsuit against the drug manufacturer for defective drug injury. All potential side-effects and dangers of taking the drug must be mentioned on packaging clearly. Omitted safety warnings and pertinent information make a drug maker liable for the injuries caused to patients.

What is a Pharmaceutical Product Liability Claim?

A product liability claim is filed when a user suffers an adverse side-effect, or sustains injuries due to the defects in the drug. The defects can fall into several categories.

Design defects occur during manufacture or production of the drug or medical device. It is the responsibility of the manufacturer to ensure that the design of the product is optimal and suits the intended use. Consistent and quality testing will be sufficient to reveal flaws in design. But, despite the obvious design defects, sometimes, manufacturers go ahead with production because they overlook the occurrence or are negligent, because defects are not easily apparent, or because defects affect only a small percentage of users. This can lead to the drug maker being held liable for the damages caused to users.

A product liability claim can also be filed if there are marketing defects which fail to alert patients to foreseeable risks from using the product, or fail to give adequate instructions for use or consumption of the product.

Manufacturing defects also make for product liability claims. Here, the design and marketing are proper, but a manufacturing flaw leads to the production of defective drugs or medical devices. All drugs and devices do not cause adverse side-effects or injuries, only the particular batch of drugs that was manufactured under faulty processes is defective. Patients can file claims for product liability because the manufacturer is at fault.

Medical Malpractice and Product Liability Claims

Medical malpractice comes into the picture when a hospital, clinic, physician, nurse, pharmacist or any healthcare provider fails to meet the standards of care expected from a professional or institution of similar experience, specialization, and expertise.

When doctors prescribe the wrong medicine or underestimate the effects of a drug, patients suffer as a result. Medical malpractice and medical negligence cases usually do not hold pharmaceutical companies liable, but product liability cases may involve all stakeholders in the healthcare delivery chain, including manufacturers, testing labs, pharma sales representatives, hospitals, and healthcare professionals.

Importance of Hiring Great Legal Counsel

Big pharmaceutical companies hire expensive legal teams, and have the financial muscle power to fight long-drawn and complex legal battles. It is important that you consult an Atlanta Dangerous Drug Lawyer to get a comprehensive understanding of your case.

Your lawyer will have medical experts on board who will be able to evaluate your case and understand whether you have grounds for filing a lawsuit. Your lawyer will also advise you if it is better to file a claim or go for a full-fledged lawsuit.

Defective drug cases are highly specialized, complex, and time-consuming, and involve expert medical contributions. All lawyers do not take up such cases, and the reputed names who do so move forward only with cases that they know have a strong chance of succeeding at trial.

So, if you feel that you or a loved one has suffered from a defective drug complication, it is best that you approach an experienced lawyer to find out about further steps to take.

Conclusion

Defective drugs affect thousands of innocent people. It is important that those affected speak up and seek justice. Sometimes, when a defect in a drug is discovered, thousand more claims are filed by patients who realize the reason behind their suffering. Class action lawsuits involve a large number of affected patients, and very often result in drug recalls and huge monetary compensations. If you have the right legal professionals helping you out, it will help in your fight for justice and bring erring drug manufacturers to book.

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