Irving Dangerous Drugs Lawyer
If you sustain injuries or ill effects after taking a medication, you may be entitled to compensation from various parties. Potential defendants in a civil personal injury suit may include the drug manufacturer, the pharmacy, or the prescribing physician, depending on the circumstances.
An Irving dangerous drugs lawyer may be able to evaluate your situation and determine whether you have a valid injury claim. With the support of a personal injury attorney, you may be able to hold the entities responsible for putting dangerous drugs on the market.
Types of Dangerous Drug Claims
Despite extensive regulation, hazardous drugs continue to reach consumers across the nation. When unsafe drugs harm people, they may have grounds to file a civil claim with the help of an Irving dangerous drugs attorney.
Improperly Designed Drugs
Some drugs have inherent defects in them that make them unsafe for consumers, even when used properly. These types of defects can be attributed to an improper design and would apply to every incarnation of that particular drug, regardless of manufacturing order.
Drugs with Manufacturing Defects
In some cases, drugs have a design that is free of defects, but an error occurs in the manufacturing process that results in injuries to consumers. When a manufacturing defect occurs, limited lots or batches of the drug may be defective, whereas others may not. One common example of such a defect is when contamination occurs during the manufacturing process that makes the drug unsafe.
Failure to Warn or Improperly Marketed Drugs
Consumer drugs must have warning labels and enclosures that disclose the risk of side effects and harms that may result from taking the drugs. If an advertisement for the drug is misleading, or if the label fails to warn of a specific danger associated with the drug, the manufacturer may be civilly liable for ensuing harm done to consumers. However, in some situations, the prescribing doctor may be responsible for failing to pass the information on to the patient.
Filing a Dangerous Drug Lawsuit
Dangerous drug injury claims may rely on the legal theories of strict liability or negligence. Of the two possible methods, strict liability is the more straightforward claim for injury victims to prove.
Under the theory of strict liability, drug manufacturers are liable for any dangerous drugs that they place on the market, whether they were overtly negligent or not. The mere fact that a hazardous drug they produced injured a consumer would be enough to hold them liable.
In a case based on negligence, however, injury victims must prove that the drug company or other parties violated the legal duty of care owed to them. They also must establish that using the drug directly caused them harm and that they sustained resulting damages. An experienced dangerous drugs lawyer in Irving could work with an individual plaintiff to decide which course of action best suits their particular case.
Consult an Irving Dangerous Drugs Attorney for Advice
Every day, consumers take new drugs that they assume will help them instead of hurt them. The FDA or drug manufacturers eventually may recall the drugs, but a recall often comes too late for many consumers.
If you or a loved one suffered injuries from taking medication, you may want to consult an Irving dangerous drugs lawyer for advice. A product liability claim may permit you to obtain compensation for your losses and hold negligent pharmaceutical companies accountable for their wrongful actions, and in doing so prevent others from similar harms.