A defective drug could be deadly. Yearly, thousands of Americans suffer severe injuries from drugs produced in the USA. The United States Food and Drug Administration (FDA) approved many of these drugs for patients. However, even the FDA’s meticulous approval process cannot guarantee that these drugs won’t hurt consumers.
If you suffer any adverse side effects or complications after taking a particular medicine, it would be best to call a lawyer. An excellent attorney can file a compensation claim on your behalf.
What Is a Defective Drug?
The term “Defective drug” doesn’t mean that the drug doesn’t perform the functions for which the manufacturers advertised it. In fact, in most instances, the drug is very effective against the advertised diseases. However, the issue is in the other severe and often deadly side effects of the medication.
Therefore, a defective drug lawsuit is a claim filed by an aggrieved individual. In it, they ask the court to grant them compensation for any injuries they may have suffered because of a particular drug. If the medication causes an individual’s death, the deceased’s estate may file a wrongful death suit.
The primary defendant in a defective drug lawsuit is the manufacturer. However, other parties can be sued in some cases, including the hospital, prescribing doctor, testing lab, pharmaceutical sales rep, etc.
Categories of Defective Drug Lawsuits
A defective drug claim is a product liability lawsuit. Therefore, the request can fall under one or more of the following product defect groups:
- Manufacturing Defects: Even where the FDA has cleared a drug, the manufacturers can still make mistakes in the production course. The manufacturing process may even contaminate the drug such that a user can be hurt if they take the medication.
- Adverse Side Effects: The manufacturing process doesn’t cause this type of defect. They are merely side effects of the drug. Here, the medication cures the advertised disease but inflicts your body with some other harm.
- Defective Marketing (Failure to Warn): Many times, pharmaceutical companies are aware of their drug’s manufacturing defects and side effects. However, they either withhold this information or make a partial disclosure while recommending the drug. Without accurate or sufficient information, patients will purchase their drugs and suffer these harmful effects.
Many plaintiffs file defective drug lawsuits as class actions. A class-action case is one where multiple plaintiffs aggregate their claims and file them as one. The plaintiffs would have all suffered similar injuries from their use of the problematic drug. The US is considered the home of class action suits, and you can file them in the state or federal courts.
However, parties to mass action lawsuits often settle out of court. The various plaintiffs each receive a part of the settlement according to a previously agreed sharing formula. One significant advantage of this type of lawsuit is the reduced cost of prosecution and uniformity of treatment among plaintiffs.
If you suffer any hurt because of a harmful drug, you can recover compensation from the manufacturer or any other liable party. This compensation could cover economic and non-economic losses. So, you can recover:
- Medical bills
- Lost wages
- Loss of earning capacity
- Funeral and burial expenses where the drug caused the death of the patient
- Punitive damages
- Pain and suffering
Proving a Defective Drug Claim
Establishing that a drug is defective can be incredibly challenging. This difficulty is primarily because of the three crucial elements you have to develop. Firstly, you must prove that you were injured. You can quickly settle this requirement with proof of your medical diagnosis.
Furthermore, you must demonstrate that the instant drug was defective because of a manufacturing defect or an adverse side effect. You may also tender proof of false advertising.
Finally, you must establish that the drug caused your injury and nothing else. At this stage, you’ll need an experienced drug liability lawyer. An excellent attorney will recommend that you rely on expert medical witnesses’ testimony to prove the connection.
Dalimonte, Rueb, Stoller Lawyers Can Get You Compensation for Defective Drug Injuries
If you or a loved one has suffered any harm because of a defective drug, you deserve compensation for your injuries. Dalimonte, Rueb, Stoller is currently handling cases on some defective drugs. They include Truvada, Zantac, and Taxotere, a chemotherapy drug that causes permanent hair loss.
However, proceeding against the big pharmaceutical companies that produce these drugs is very challenging. Therefore, it is best to engage the best drug liability attorneys. Call us today to initiate the process of getting you the compensation you deserve. We offer free consultations.