Millions of Americans take thousands of different over the counter and prescription drugs every day to treat a host of illnesses, injuries, and chronic conditions, and most of those medications serve their intended purposes without too much issue. Unfortunately, pharmaceutical companies have a long history of pushing products onto the market before they have been fully tested for side effects, or even knowingly selling hazardous drugs in the interest of pursuing profit.
Demanding civil compensation from a drug manufacturer which made and sold you a defective medication can be exceptionally difficult without a seasoned personal injury attorney’s support. However, if you work closely with a skilled Hutto dangerous drugs lawyer, you can likely recover for the full value of your injuries and losses while minimizing stress on yourself and your family.
Dangerous drug claims are a subset of product liability claims, which usually revolve around the theory of strict liability. Put simply, product manufacturers in Texas are strictly liable for harm they cause consumers by producing and selling a product with an unreasonably dangerous problem in its design, manufacturing, or warning label.
Unfortunately, the question of what qualifies as a lack of sufficient warning about side effects and contradiction can be a complicated one to answer. For example, if a manufacturer implements a warning either approved by or directly created by the Food and Drug Administration, they may not face strict liability for ensuing injuries, since they took what a court might interpret as reasonable steps to research and then warn consumers about their product’s risks.
However, if a product manufacturer fails to conduct sufficient research to discover all potential side effects of a drug, knowingly hides information from the FDA, lies to consumers, or misleads physicians about what their product could do, litigation might be possible. The same can be said for situations where a manufacturer knowingly advertises their product for “off-label use”, otherwise known as recommending their drug be used to treat conditions it has not been approved by the FDA to treat.
These nuances can seem overwhelming, but a detail oriented Hutto lawyer can help a plaintiff prove that a drug manufacturer should be liable for their injuries and losses.
Unfortunately, even individuals with strong claims against pharmaceutical companies generally have a very difficult time getting a successful result from defective drug litigation. These companies generally have billions of dollars to devote towards fighting claims, and that kind of opposition can be nearly impossible for a single plaintiff to overcome alone.
For this reason, it is relatively common for defective drug claims to proceed as mass tort litigation. A dangerous drugs lawyer in Hutto can explain how this type of case works in more detail during an initial consultation.
Holding a giant pharmaceutical manufacturer liable for any kind of misconduct can be a challenging task even under the most favorable circumstances. Without seasoned legal counsel helping you through this process, your chances of securing a favorable final result are slim.
Therefore, reaching out to a Hutto dangerous drugs lawyer should be your top priority if you believe an unreasonably defective medication has caused you physical injury. Call today to set up a meeting.