People rely every day on medications to function, reduce pain and save our lives. The Food and Drug Administration estimates as many as three billion prescriptions for medications are written each year. But life saving and life improving drugs do not always work as promised and in many cases those negative reactions by medications can have serious and deadly side effects. In fact, every year over 200,000 people in the United States dies due to dangerous adverse reactions with medications.
How is this possible? There is growing evidence that many drugs and pills marketed towards the general public are inherently dangerous. Supplements sold in health food stores are not approved by the Food and Drug Administration (FDA). Pharmaceutical grade medications supposedly vetted by the FDA are later revealed to have been rushed through safety testing, with the companies that made the drugs knowing that there were unacceptably high risks of serious side effects. The high emphasis on profit by the companies that make and market these drugs means that in the past decade, the number of recalls on dangerous drugs has dramatically increased.What Is A Defective Drug?
A defective drug is defined as a drug whose adverse side effects are so severe that they outweigh any intended benefits of the medication. An individual who takes a defective drug may suffer immediate and life long lasting catastrophic injuries that may severely curtail their quality of life. In many cases, the adverse side effects of a defective drug may be fatal.How Do Dangerous Defective Drugs Get To Market?
Pharmaceutical companies have a responsibility to the public to provide, safe effective medicine. It is their moral and legal responsibility to thoroughly research, test and vet their products before making them available to the public. It can often take years and even over a decade to bring a new medication to market due to the intense amount of research and testing that is involved. Therefore it is rare that a drug company does not know of serious side effects before it begins distributing the drug.
Many drug companies take steps to minimize findings of serious side effects in their findings to the FDA. Simply having FDA approval does not mean that a drug is safe or without serious life altering side effects. Drug companies have a strong financial incentive to aggressively pursue FDA approval on new drugs in order to maximize profits. This pursuit of profit puts the wellbeing of the users of these drugs behind the value of the company’s bottom line.What Injuries Are Associated With Defective Drugs?
There is no exhaustive list of side effects from taking a defective drug. Each case will be unique to the person due to each person’s individual reaction to a defective drug as well as the side effects associated with each drug. While there are usually mild and possible side effects associated with taking most drugs, the side effects from taking a defective drug will be severe and life altering. These side effects may include:
- Blood clots
- Internal bleeding
- Heart attacks
- Abnormal liver function
- Higher risk of cancer
- Permanent disability
While what you will recover depends on your individual case, you have the right to be made whole for any serious side effects that you are suffering from. This means that it is possible for you to recover for:
- Medical bills
- Future medical treatment
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of consortium
- Possible punitive damages
- Wrongful death
While there may be multiple parties responsible for injuries related to defective drugs, typically it is the drug makers themselves that are liable for the pharmaceutical products that they produce. If a pharmaceutical company has produced and sold a defective drug with serious side effects, they can be held liable for the injuries that it causes.
There are many ways to hold a drug manufacturer liable for a defective drug.
- Negligence: Drug manufacturers owe a duty of care to the people who will be consuming the drugs that they produce. If a drug manufacturer was unreasonably careless in testing or producing the drug and the drug causes injuries to its consumers, the drug company can be held liable due to their negligence.
- Strict Liability: This theory of liability holds drug manufacturers responsible for unexpected drug reactions that consumers experience when taking medication as prescribed or directed. It does not matter if the drug manufacturer was negligent or careless in the production of the drug. If the drug was dangerous and caused serious side effects, the drug manufacturer can be held liable.
- Failure to warn: Drug manufacturers have a duty to inform and warn the general public about the side effects of a drug so that the consumer can make an informed decision. When a consumer is not informed of the potential side effects of a drug and is later injured due to taking the drug, the drug manufacturer can be held legally liable for failure to warn.
Proving that a defective drug is the reason that you are now suffering from serious injuries is often the hardest part to prove in a defective drug case. Conclusively linking a drug to a side effect is difficult to do with certainty. Drug manufacturers will offer up alternative explanations for side effects that you may be experiencing, such as your lifestyle, other drugs that you are taking and any illnesses that you may have had in the past. Drug manufacturers regularly experience claims of unknown or unexpected side effects and are well prepared to handle such claims.Consult With A Georgia Attorney On Your Defective Drug Case
Defective drug litigation is exceptionally complicated. It combines intricate areas of law as well as medicine, engineering and manufacturing. No lay person should attempt to recover for their injuries related to taking a defective drug on their own. Serious side effects from these drugs can significantly change your life for the worse. It is important that you have experienced legal representation on your side when attempting to recover from drug manufacturers.
The attorneys at the The Angell Law Firm, LLC can assist you in your journey to recover for your injuries. Contact us today at (770) 217-4954 for a free case consultation. If you are unable to visit us at our Atlanta location, we make house and hospital calls to the surrounding areas, as well as maintain virtual offices in many other Georgia locations. Consulting with an experienced personal injury attorney is the first step to recovery in your defective drug injury case.