There has been a rise in lawsuits against pharmaceutical companies and manufacturers for defective drugs. Usually in these lawsuits, patients who took the defective medication suffered injuries and are seeking compensation for damages. Manufacturers of these medications are required to test their products before letting the public access them. Testing criteria is set by the Food and Drug Administration, or FDA, but this does not mean that the manufacturer’s liability is affected if a medication is proven to be defective. Here is how liability could be proven if you’ve been injured by a defective drug.
The FDA has approved the use of prescription opioids, but opioid manufacturers are still being sued for negligence, defects, and injuries caused by opioids. However, the lines of liability can get a bit murky when it comes to tracking down and proving who was responsible for providing the defective drug. From the doctor who prescribed the pill to the pharmacist who filled the prescription, either party could be liable for your injury. In most defective drug lawsuits, the injured party will have to prove that the manufacturer, doctor, or other accused party owned them a duty of care. The injured party must further prove that the accused party breached their duty of care, this breach resulted in injury, and the injured party suffered damages as a result. It can be tough figuring out who exactly was negligent for what, so it is recommended to contact an experienced lawyer who can help you organize your evidence.
Keep in mind the manufacturers have a duty to warn their consumers of general side effects their drug may cause in a patient. However, it is possible for a manufacturer to be unaware of an undiscovered symptom their medication could cause. Even if this is the case, manufacturers are responsible for knowing all there is to know about their drug and further, for keeping their client’s knowledge up-to-date as more information regarding the use of their medication comes up. There are also medications that can be considered unavoidably unsafe. This means that no matter how carefully made these medications are, they still have potential to cause severe side effects. If these drugs are prepared correctly and have the correct warning labels on them, the manufacturer could have a winning defense against a defective drug lawsuit.
Were you injured due to unexpected side effects from a prescription medication? Contact an experienced attorney today. The personal injury lawyers at Goldwater Law Firm can give you appropriate legal counsel and do their best to get you the justice you deserve.