Representation For People Injured By Medication
Although the federal Food and Drug Administration (FDA) approves prescription medications and medical products before they can be sold to consumers in the United States, it doesn't mean the medications are safe. Trials often fail to disclose specific dangerous side effects, often caused by interactions with other medications the patient may be on.
Lawsuits involving defective and dangerous pharmaceuticals and medical products are complex and difficult to win. These cases often hinge on highly technical evidence, and the medical manufacturing industry may use every resource to protect itself from litigation. For that reason, most law firms will not accept cases involving dangerous drugs or medical components.
Who May Be Liable For a Dangerous Drug?
Various parties can play a part in a consumer's drug-induced injury. Negligence may start with the drug manufacturer, but a doctor or pharmacist may also contribute to an adverse drug reaction or overdose.
Drug Manufacturers Might Have Been Negligent During Drug Production
Drug manufacturers have to meet strict safety requirements when designing their products. They must keep up with current research about a drug's ingredients and opt for alternatives when they prove unreasonably dangerous.
They also have to place boxed warning labels on any drug that carries serious risks. Packaging should also include instructions on safe dosage amounts, per the U.S. Food and Drug Administration's (FDA) recommendations.
Any failure on their part can constitute negligence.
Doctors Can Also Be Responsible For Dangerous Drug Injuries
A doctor may prescribe the wrong drug or dosage to a patient. Doctors may also fail to properly monitor a patient's reaction to prescription medication.
From the get-go, they have a responsibility to consider a patient's medical history and current medications to prevent adverse drug interactions. When they do not do their due diligence, patients can hold them liable for their injuries.
Pharmacists May Have Made Medication Errors
Pharmacists are responsible for filing the appropriate medication in the correct dosages. They should contact the patient's doctor if they have concerns about the prescribed drug or if they need to verify a prescription. They also have to inform patients about how to take the medication safely.
If a pharmacist fills the wrong medication or fails in their responsibility to a patient, they may be liable for any resulting harm.
Can I Sue After a Defective Drug Has Been Recalled?
You may not sue a drug manufacturer simply because a drug you have been taking has been recalled. You can, however, sue the drug manufacturer if the recalled drug has caused you an injury. Your injury and the ensuing damages are what give you grounds for legal action, not the recall.
Types of Defective Drug Injury Cases
Some of the most common issues leading to defective drug lawsuits include:
- Defective manufacturingof the drug itself, which could occur during the manufacturing process. Any defect that is caused between the production of the drug in the manufacturing facility and the location where it is purchased could be considered a manufacturing defect.
- Dangerous side effects from a medication. These drugs have caused injury-inducing side effects despite being manufactured properly.
- Defective marketing.In the case of defective drugs, “marketing” refers to the instructions on the drug product label. The manufacturer can be liable if it failed to warn about known risks of injurious side effects.
Strict liability. In South Carolina, there are strict liability laws that support consumers who have been injured because of a defective product. In strict liability cases, the plaintiff simply must prove:
- An injury or loss.
- The product is defective or is inherently dangerous.
- The product caused the plaintiff's injury or loss.
- The product was being used according to the manufacturer's instructions when the injury occurred.
Even if you can prove that the product was defective, if there is no injury, there may be no grounds for a product liability claim. This is why you should schedule a free consultation with one of our attorneys, who can review your case and let you know your best options.
What Types of Compensation am I Entitled to in a Defective Drug Injury Case?
Whether you reach a settlement with the manufacturer or a jury rules in your favor, there are several types of damages available to compensate an injured party for losses, including economic and non-economic damages such as:
- Medical expenses.These include all medical expenses related to the defective drug injury, from doctor visits and hospitalization to physical therapy and rehabilitation.
- Lost wages. If the injury caused you to lose time at work, the settlement or verdict may include compensation for your lost income and benefits.
- Pain and suffering. This is compensation for the non-economic impact the injury has had on your life.
- Emotional distress. An injury can have lasting detrimental effects on your life. Damages for emotional distress compensate you for the traumatic effects of the injury and how it diminishes your quality of life.
- Wrongful death. If a defective drug causes death, the loved ones of the decedent may recover compensation for the loss of their loved one's financial support, guidance, and affection.
Call an Experienced Dangerous Drug Injury Lawyer Today
When you work with the South Carolina defective drug lawyers at McGowan, Hood, Felder & Phillips, your initial consultation is free. You never have to worry about how you will afford legal counsel, because we take cases on a contingency fee basis. This means you never pay attorney fees up front.
The Hopkins Law Firm's team of skilled and experienced drug injury attorneys in Charleston, Georgetown, Pawleys Island, and Myrtle Beach, South Carolina, will aggressively protect your rights. Every defective drug case presents its own unique challenges. That is why it is important you have a defective drug injury attorney in South Carolina you can trust working hard on your case. We hold manufacturers of defective drugs responsible to those they have injured by putting profits ahead of consumers. We are here to fight for the compensation you need to recover from your injuries and move on with your life.