People generally assume that the medications sold in pharmacies will function as intended. Unfortunately, this is not always the case. The testing process for drug approval is not as rigorous as many believe, and unexpected side effects sometimes only reveal themselves after a drug reaches the marketplace. Pharmaceutical companies might even intentionally withhold or manipulate data to get one of their treatments approved.
If a medication harmed a patient, they should consult a knowledgeable personal injury lawyer about holding the manufacturer liable for their setbacks. If your health suffered because you took a treatment that was supposed to help you, a Fort Hood dangerous drugs lawyer can help you collect the compensation you deserve.
A manufacturer is not responsible for every side effect a consumer might experience when they take a medicine. Many drugs cause unpleasant sensations in some people, but the FDA should consider the treatment safe if its usefulness outweighs its risks. The more serious the condition the drug treats and the fewer approved medications available to treat it, the more likely it is the regulatory authorities will approve a medicine with significant side effects.
However, this does not mean that pharmaceutical corporations can get away with harming patients. A wounded individual can hold a drug company liable for the harm a treatment caused if they prove a defect in the medicine’s design, manufacturing, or labeling.
Establishing a design defect requires a patient to reveal that the drug is unreasonably dangerous and could have been drafted in another way that would be financially viable, equally effective, and less hazardous. This is a difficult burden of proof for consumers to meet, but hiring experts could help an injured plaintiff bolster their argument.
Manufacturing defects relate to mistakes made during the production process are easier to prove. These claims only require a plaintiff to demonstrate that an error in fabrication, assembly, or packaging compromised a medicine.
Many dangerous drugs cases relate to labeling defects, which refers to the idea that a medication’s description did not provide adequate warning of a specific side effect, and a consumer suffered harm as a result. Texas Civil Practice and Remedies Code §82.007 presumes that any label conforming to federal requirements is adequate. However, a patient could present evidence rebuking that presumption.
A detail-oriented attorney in Fort Hood can help an injured plaintiff determine exactly which type of product liability claim is best for combatting the dangerous drug in question.
Unfortunately, there are many examples of previously approved drugs causing severe injuries or death. Not all side effects merit the expense of assembling a lawsuit. However, when the unexpected malfunction of a medication shortens a patient’s lifespan or significantly diminishes their quality of life, they should consider seeking justice.
Common examples of severe injuries caused by defective drugs include:
A compassionate legal representative in Fort Hood can help a plaintiff harmed by a dangerous drug establish that the treatment undoubtedly caused severe injuries.
State laws establish that anyone injured by a hazardous drug must file suit within two years of becoming wounded. Therefore, patients should always begin working on their cases as soon as possible.
However, some special rules that could complicate a defective drug case. Sometimes a patient does not realize that a medicine harmed them until years later. For example, a plaintiff might not recognize that a treatment caused heart damage until they suffer a heart attack.
In cases where the plaintiff did not immediately recognize the danger that a medication posed, they have two years after they discover it, or should have discovered it, to submit a lawsuit. However, if more than 15 years have passed since the patient purchased the prescribed treatment, Texas Civil Practice and Remedies Code §16.012(b) prohibits them from taking legal action.
A proactive attorney in Fort Hood can help an injured plaintiff assemble a claim immediately after discovering the danger that a drug poses.
If you suffered severe injuries from taking a drug you believed was safe, you deserve someone to fight for your rights. Pharmaceutical companies make substantial profits selling their products, and they should assume responsibility for providing financial compensation when their treatments cause harm.
Fortunately, a Fort Hood dangerous drugs lawyer can stand up to pharmaceutical manufacturers and demand justice. Contact the office today to learn more.