Millions of Americans rely on pharmaceutical medications to treat illnesses and conditions and improve their health. Unfortunately, some dangerous drugs on the market have serious side effects that can cause significant injury or lead to death. If you or your loved one has been injured by a dangerous drug, contact The Janda Law Firm today to schedule a free consultation with our Las Vegas dangerous drug lawyer, with no obligation.
Pharmaceutical manufacturers have a responsibility to ensure that the products they produce are safe for use by consumers. This includes prescription and over-the-counter medications. Unfortunately, pharmaceutical companies do not always uphold that obligation, and dangerous drugs released on the market cause harm to consumers as a result. A product liability claim is a civil action by which an injured consumer may pursue justice and compensation for injuries caused by a dangerous or defective pharmaceutical product.
Product liability claims for dangerous drugs may be based on any of several different types of defects.
Improperly manufactured or tainted pharmaceutical drugs can cause serious harm to consumers. The error may have occurred at the manufacturing facility or at a pharmacy that made or packaged the drug. A problem may have occurred during shipping, or there may have been labeling errors. The defect could have occurred at any point between the pharmaceutical factory and the place where you received the drug.
Even though a drug has been properly manufactured, it can still have dangerous side effects that cause injury. This type of product liability claim may involve a drug that had been on the market for years before a link was discovered between the drug and a higher risk of certain types of injury, such as heart attacks. If the injured party can prove that the manufacturer had knowledge of the dangerous side effects of the drug but attempted to conceal that information, the injured person be entitled to punitive damages, designed to punish the defendant for particularly egregious wrongdoing.
When we say “marketing” in reference to a pharmaceutical drug, we mean the warnings, instructions, or recommendations for its use. This type of claim may involve injuries caused by:
The failure to warn or provide instructions may have been on the part of the manufacturer, sales rep, doctor, pharmacist, or other healthcare provider.
Dangerous and defective drugs can cause serious, painful injuries and illnesses. Many pharmaceutical manufacturers fail to warn patients and their doctors of the side effects of their products. This inaction leaves patients vulnerable to potentially life-threatening conditions that have a major impact on their quality of life.
Below are some of the most common types of drugs involved in dangerous medication lawsuits:
If you plan on filing a lawsuit against a pharmaceutical company, there are several facts that you will want to consider. Generally, to be eligible for this type of claim, you will need to have taken the medication in question for a substantial period, usually around one year. Additionally, you will need to have been diagnosed with an injury or illness associated with the medication. An attorney from the Janda Law Firm can help you determine your case eligibility.
Second, it’s important to consider that major pharmaceutical companies will do everything in their power to avoid liability for dangerous medications. You could face large corporate legal teams that will try to limit your award. For this reason, it is necessary to hire a lawyer who can protect your interests and defend against the tactics of these companies.
If a doctor prescribed you a dangerous drug that later harmed you, you have the right to pursue a lawsuit against the product’s manufacturer. However, there may be consequences for doctors who unnecessarily prescribe dangerous, highly addictive drugs like opioids to high-risk patients.
In 2019, more than 60 doctors working across Ohio, Kentucky, Alabama, Tennessee, and West Virginia were charged with opioid pushing and healthcare fraud. These offenses can carry penalties like jail time and fines. If you suspect illegal activity associated with dangerous drugs on the part of your healthcare provider, speak to an attorney for guidance. In addition to criminal charges, you could pursue civil litigation if the doctor’s actions harmed you.
If you have been seriously harmed by a defective and dangerous drug, you deserve to recover full compensation for your injuries. Contact The Janda Law Firm as soon as possible for legal representation from a Las Vegas dangerous drug attorney who is also a licensed medical professional.