Many people take prescription or over-the-counter medications to manage or curtail health problems. Unfortunately, sometimes the drugs you take can actually create greater health concerns. You have the legal right to be warned about side effects of medications you are taking and manufacturers of pharmaceuticals are expected to behave responsibly toward patients.
Sometimes drugs turn out to be dangerous or drug companies fail to warn patients of potential side effects. When this occurs, a product liability lawsuit allows victims to pursue compensation for losses. A drug injury attorney can provide assistance to patients harmed by medications or to those who lose loved ones after taking dangerous drugs. Contact LongoBiggs, LC to speak with a legal professional with experience helping clients harmed by defective drugs.
Your Rights After A Drug Injury Occurs
Claims against drug manufacturers arise from product liability laws. Manufacturers are held strictly liable if the products they sell cause harm when used as intended. This means that regardless of whether a manufacturer of a medication is negligent or not, the drug company can be held responsible if patients suffer unexpected or excessive harm due to taking the drug.
The Wall Street Journal reports that some courts are now allowing patients to take legal action against the manufacturers of brand-name medications even if a patient was prescribed a generic version of the drug.
The laws are broad in order to ensure that drug companies are very careful in conducting tests, warning the public of side effects and doing everything possible to ensure patients do not suffer serious harm.
Unfortunately, problems still occur and patients are still injured as a result of dangerous drugs. Victims should be fully compensated for resulting losses including:
- The costs of any medical treatment necessary due to an injury or illness caused by a defective medication
- Loss of income/earning potential if the side effects of the dangerous drug limit the ability to work
- Pain and suffering resulting from the drug injury
- Emotional distress
- Wrongful death of a family member because of a drug injury
The compensation for a drug injury is often, but not always, obtained through an out-of-court settlement, through a class action or through multidistrict litigation. LongoBiggs, LC, can advise clients on the best approach to take and can help pursue the appropriate legal action.
The Consequences of Dangerous Drugs
When a drug turns out to be dangerous or causes unexpected side effects, you may be seriously hurt or your life may be cut short. There are a huge number of drugs that have turned out to cause risks that patients were unaware of or that have risks that outweigh benefits. Some of the possible consequences of a drug that turns out to be dangerous can include:
- Increased risks of certain cancers
- Increased risk of cardiac problems or stroke
- Birth defects
- Kidney, liver or organ failure
These are just a few potential outcomes that a dangerous or defective drug may cause.
In many cases, the most challenging part of a drug injury case is proving that the medication was actually the cause of the condition you’ve developed. Cancer and stroke, for example, have multiple causes and proving the link between the medication and heart problems can be difficult. If the drug was recalled by the Food and Drug Administration, it may be easier to make your case. The FDA has a list of Recalls, Market Withdrawals and Safety Alerts that should be consulted.
If you have been taking a medication and experience side effects, or if a drug you are using is recalled, you need to understand your options. Contact LongoBiggs, LC today to receive a free consultation.