Even with the very best modern medical minds at work on developing them, not every new consumer medication is perfectly safe for everyone to use as directed. While this problem is unavoidable under some circumstances, it can be made much worse if the companies that make and sell these drugs fail to inform patients and physicians about all the risks associated with their product—a scenario that could open those companies up to civil liability for ensuing physical harm.
If you became injured or ill because an over the counter or prescription medication you took had unlisted side effects or contraindications, you should speak with a Bartlett dangerous drugs lawyer about filing a lawsuit. However, holding a pharmaceutical company liable for damages in this kind of claim can be an extremely complex and challenging endeavor. That is why it is vital to seek assistance from an experienced personal injury attorney at the Reaves Law Firm, PLLC for help securing a positive final result.
Importantly, not every negative effect a medication has on a patient can serve as grounds for a settlement demand or lawsuit. With relatively few exceptions, drug manufacturers are only strictly liable for harm caused by contamination of a drug during the manufacturing process or a failure—inadvertent or intentional—to notify consumers of hazards associated with normal use of the drug.
While the Food and Drug Administration nominally establishes standards that pharmaceutical corporations must meet before their products can be approved for public consumption, there are loopholes in this process that companies all too often take advantage of. One of the more egregious examples of such a loophole is the 510(k) process, which allows drug manufacturers to go through a much shorter and more expedited approval process for products they claim are “substantially equivalent” to other products already on the market.
No matter how a product reaches consumers without having gone through sufficient testing or with side effects the manufacturer deliberately failed to inform the public about, the harm that may ensue can be severe and sometimes even life-threatening. Guidance from a Bartlett defective drugs attorney can make a huge difference when it comes to establishing liability for harm sustained under these circumstances.
Technically, a person injured by a drug company’s misconduct has the right to demand full compensation for every economic and non-economic loss they suffered through their injuries, including:
In practice, though, it can be virtually impossible for a single plaintiff to go up against a multinational corporation’s legal teams and come out ahead in private settlement negotiations or in court.
Fortunately, state and federal laws allow plaintiffs with similar or identical causes of action against the same defendant to work together and increase everyone’s collective chances of securing financial awards, either by sharing evidence and resources while pursuing each claim individually or by combining everyone’s claims into a single class action lawsuit. A dangerous drugs lawyer in Bartlett could explain how cases like this work in more detail during a confidential consultation.
Achieving fair financial recovery for harm caused by unreasonably dangerous medicine is never a simple process. Even if you have compelling evidence that proves a drug manufacturer should be liable for your damages, actually getting the compensation you deserve in the face of staunch opposition from corporate lawyers can be almost impossible alone.