Understanding Drug Injury and Pharmaceutical Drug Litigation
Drug and pharmaceutical litigation is often filed under state or federal product liability laws. Product liability laws exist to protect the public from dangerous and defective products, including dangerous or defective drugs. When a drug is defective or dangerous, it can cause serious injuries or death for a patient. The drug companies must be held accountable for their actions or inactions that caused a person to be harmed or to die.
Drug manufacturers have a duty to conduct research and trial tests before submitting their drugs for approval by the Food and Drug Administration (FDA). It is common knowledge that all drugs can cause side effects. However, a patient has the right to know and understand the potential risk of injury or death when taking a medication. If a company does not provide adequate warns or disclose all potential risks and side effects, the company might be held liable for damages. Big Pharma continues to earn staggering profits, but sometimes at the expense of a patient who is injured by their drug.
Filing a Pharmaceutical Injury Claim
The responsibilities and liabilities of a drug manufacturing company are complex. It takes an experienced attorney who understands product liability laws in relation to drug manufacturing to handle the claim.
A drug manufacturer, distributor, retailer, or another party might be held liable for your injuries and damages. However, before you can prove a party is at fault, you must understand the various ways a product can become defective.
- Fundamentally dangerous or defective drug — In some cases, a drug is bad from the beginning. A drug that is poorly designed can cause someone to suffer from adverse side effects. Sadly, a drug company may know that its drug is defective and dangerous. However, the company places profits over lives and does nothing.
- Defect during the manufacturing process — Many things can go wrong during the manufacturing process that makes a drug defective or dangerous. For instance, if the manufacturer decides to use a less expensive but similar ingredient, that decision could pose a risk for the patient who does not know the medication contains that ingredient. In addition, poor conditions at the facility could result in the product becoming tainted and unsafe.
- Improperly marketed drugs — When a drug is marketed and sold, the manufacturer has a duty to provide adequate labeling on the box and adequate instructions for the proper use of the medication. The materials should include instructions, warnings, and recommendations for patients. Furthermore, the manufacturer should not overstate the intended use of the drug because this could injure someone who should not be using the drug.
If a drug maker or another party fails to take all steps to protect the public from harm, that party can be held liable for any damages caused by its failure. However, defective drug claims are complex and often involve huge corporations with teams of attorneys fighting to protect the company’s best interest.
Therefore, you need a legal team that is just as aggressive, just as dedicated, and just as willing to fight for your best interest against powerful pharmaceutical companies. We are that firm!
Hire an Experienced Pharmaceutical Litigation Law Firm
The Fox Law Firm, P.C. represents patients across the country from its Dallas, TX location. We encourage you to request a free consultation and no-obligation case review by calling 1-866-FOX-FIRM or 1-866-369-3476. We want to help you seek justice for your injuries caused by a defective and dangerous drug.