Who Can I Sue If a Defective Prescription Drug Injures Me?
You go to the doctor because you are experiencing pain, headaches, congestion, nausea, or a host of other symptoms. Your physician performs an examination and might perform diagnostic tests. After concluding the examination, your doctor prescribes one or more prescription medications to treat your illness or condition. You then go to the pharmacy to have the prescription filled. Your pharmacist hands you a bottle of pills but does not offer any explanation of side effects or offer any printouts regarding the medication.
After taking the prescription medication for a few weeks, you notice that you are not feeling well, or you have new symptoms. You report these symptoms to your doctor, who changes your medication. Hopefully, you will not suffer any long-term negative consequences from taking the medication, but you cannot know for sure. If you do, is the doctor or the pharmacist responsible?
Before the prescriptions drugs are marketed, drug manufacturers have the responsibility of conducting independent trials to test the safety and effectiveness of a medication before marketing it to the public. In addition, the U.S. Food and Drug Administration (FDA) has the responsibility to review the information provided to it by pharmaceutical companies, physicians, patients, and others and act accordingly if it finds a problem with a drug. In some cases, the FDA may conduct random tests for some drugs, but most tests are conducted by the companies that stand to profit from the drug.
Drugs Have Side Effects
Every drug has the potential to have negative side effects for the patient, but each patient is unique. One patient could experience blurred vision or mild aches while another patient could suffer seizures from taking the same medication.
Therefore, the drug companies have a duty to provide a warning for all potential side effects that it is aware of so that doctors and patients can make an informed decision whether to use the medication. To do this, the company must conduct thorough trials and research. What if the company fails to do so? Who is responsible?
Let’s assume the drug company has done everything correctly, but the manufacturer changes the information it includes on the label or the doctor prescribes the medication for an illness that the drug has not been approved to treat. Who is responsible?
Investigating a Defective Drug Claims
As you can see, many questions must be answered before you can file a claim because a defective drug injured you. In some cases, we know that the prescription medications are causing severe injuries and deaths and there are already lawsuits against the drug companies and other parties. In other cases, we must conduct comprehensive and exhaustive investigations to determine the liable parties for a prescription medication lawsuit.
Because our pharmaceutical lawsuit attorneys have extensive experience handling defective drug cases, we understand what is required to determine the parties liable for your injuries. Furthermore, our law firm has built a strong network of people and resources we can utilize as we investigate a claim to ensure that we do not miss any evidence we can use to hold big drug companies liable for their actions.
Our pharmaceutical attorneys represent clients who have been injured by dangerous drugs including:
However, our defective drug attorneys also investigate other claims regarding defective prescription drugs. If you believe that a prescription medication has injured you, contact The Fox Law Firm, P.C. for a free consultation by calling 1-866-FOX-FIRM or 1-866-369-3476.