You expect to feel better and relieved of your symptoms when you take an over-the-counter drug or prescription medication. Unfortunately, this does not always happen. Some people take over-the-counter medicines and end up with severe injuries or additional illnesses.
Drug manufacturers must produce medications that are safe for use. If you were hurt by a treatment that you expected to be safe, a Leander dangerous drugs lawyer can help you build your case. You can likely hold the drug company responsible for your medical expenses, reduced income, and the drug’s impact on your health, lifestyle, and quality of life. Working with a dedicated injury attorney helps you maximize your chances of collecting the compensation you need.
People sometimes mistakenly believe a medication with U.S. Food and Drug Administration (FDA) approval is safe for use. The truth is that many FDA-approved drugs are harmful to some people. Sometimes the extent of the danger only becomes clear after the drug has been on the market for some time and damages the health of thousands of people.
The FDA will usually approve a drug if its usefulness outweighs its risks for most consumers. For instance, if a breakthrough medicine offers effective treatment for a previously difficult condition, it might get quick approval.
However, when a drug causes significant side effects or consequences for certain people, it is required to carry a warning. The FDA determines what a warning should say based on the data and information the drug’s manufacturers supply. If a consumer has further questions about the relationship between dangerous medicine and the FDA, they can speak with a knowledgeable Leander attorney.
If a drug caused a significant side effect or injury to a consumer, this plaintiff can usually file a civil claim based in product liability law. For this claim to succeed, the consumer must prove that the drug was defective because of its design, manufacturing, or labelling.
Proving a defective design requires showing that the drug could have been manufactured to be safer without significantly compromising its effectiveness. Meanwhile, proving a manufacturing defect requires a lawyer in Leander to demonstrate that a problem in production or packaging caused a specific batch or production run of a drug to be dangerous. Finally, legal representation can prove a labeling defect by showing that the label did not provide adequate warnings of the specific injury the consumer suffered, and that the consumer would not have used the product if the label had been accurate.
Sometimes, many people suffer injuries due to the same drug. In these scenarios, courts often combine multiple claims regarding the same product into a mass tort claim, also called Multi-District Litigation (MDL). MDL is far more efficient and relieves pressure on the court system. Our legal team can explain whether filing a mass tort claim is an option for a particular defective drug.
Texas Civil Practice and Remedies Code §16.003 requires typical injury plaintiffs to file a lawsuit within two years of the date they were hurt in an accident. However, in a dangerous drugs case, pinpointing the time the injury occurred could be challenging because health problems caused by medication might take a long time to become apparent.
If a dangerous drug’s impact is not immediately clear, time limit for legal action does not begin ticking until the injured person should have “reasonably” known that the medicine affected their health. For instance, if a plaintiff ignored the development of symptoms and did not follow up with a doctor to determine what was causing their illness, a court might rule that they were not being reasonably diligent in preventing the impact of a dangerous drug. This might sound intimidating, but a Leander lawyer can help an injured person demonstrate that they used reasonable diligence to address their symptoms and find the cause.
If you suffered a severe side effect or health condition because you took medication that you assumed to be safe, the manufacturer might be responsible for paying your damages. For instance, if a manufacturer produces a defective product, they are liable for the harm they cause. A Leander dangerous drugs lawyer can review your situation and explain your legal options. Take the initiative and call today.