Dangerous Drug Lawsuits: Seeking Compensation for Product Liability Side Effects
February 18, 2021 by Yale Spector
Prescription drugs and pharmaceuticals are often at the center of many lawsuits. Manufacturers are required to go through appropriate tests to meet the criteria determined by the U.S. Food and Drug Administration (FDA) before a product is released into the market. When a product is properly licensed by the FDA, it has no effect on the manufacturer’s liability to someone who was injured if the medication proves to be otherwise defective.
Oftentimes, the line can be blurry on who can be at fault for this type of liability, but If you have fallen ill or have been injured from a prescription drug or medication, you have the right to compensation and legal actions can be taken against all parties involved. This type of lawsuit falls under the umbrella of a product liability lawsuit. For all product liability cases, you do not have to prove the negligence of anyone; rather, you just need to prove that the product caused harm to you, you were using the product the way it was intended to be used and you did not alter the state of the product in any way. If you or a loved one have been hurt by a defective medication, our expert lawyers at Spector Injury & Accident Lawyers are sharing the different categories your bad drug liability case can be filed under and how to seek proper compensation.
Design defects can be categorized as a flaw in the design of a product. Oftentimes, a medication will be approved by the FDA and unforeseen side effects may occur after it’s distributed to the market. This can cause serious harm to an individual. For this type of claim, the product was manufactured correctly and maintains proper FDA standards, but the design caused dangerous side effects.
Manufacturing defects happen during the manufacturing process when a medication is made with unsafe or tainted ingredients. Another scenario can arise if the wrong label was placed on the medication.
Marketing defects, also called failure to warn, occur when the manufacturer doesn’t provide the doctor or patient with any known drug interactions or side effects. The FDA requires manufacturers to provide this information and if it is withheld, the manufacturer can be held reliable for any injuries or illnesses that occurred. Doctors and physicians can also be held accountable if they fail to provide this information.
Speak to an Experienced Personal Injury Lawyer
Medications are meant to ease, treat and prevent illnesses and when you are seriously harmed by a bad drug, you have the right to receive compensation. Your personal injury lawyer can help you file the correct claim and identify all the appropriate parties involved in your lawsuit. If you feel you are the victim of a product liability case in the form of a bad or dangerous drug defect, don’t bear the weight of the case alone—let the qualified team at Spector Injury & Accident Lawyers help you! A Baltimore bad drug attorney will fight with you to ensure you get the compensation you deserve and protect your rights. Don’t hesitate—contact us today!