Pursuing a Pharmaceutical Drug-Related Defect Liability Claim

 Posted on August 06, 2021 in Product Liability

We trust our doctors and pharmacists to provide us with safe medications that are meant to help us emotionally, psychologically, and/or physically. Unfortunately, these medications do not always meet this standard and instead can result in harmful side effects that could result in long-term consequences. Victims who suffer injuries from pharmaceutical drug defects can work with a product liability attorney to better understand the risks of consuming such drugs and who should be held responsible.

Causes and Consequences of Defective Drugs

The sale of over-the-counter and prescription medication in the United States is regulated by the Federal Drug Administration (FDA). However, FDA-approved drugs can still end up being defective, as evidenced by the thousands of drugs that have been recalled in recent years.

If consumption of a medication results in negative side effects, including severe side effects that outweigh the potential benefits of the medication, the drug is considered defective. There are multiple manners in which a pharmaceutical drug-related defect can transpire. A drug may result in dangerous and unexpected side effects if it was not adequately tested or if it was manufactured incorrectly. Additionally, drug defects also include drugs that are improperly or insufficiently labeled and fail to include necessary warnings.

A consumer’s livelihood can be put at significant risk when they use flawed drugs. Consuming defective drugs can lead to a wide range of injuries such as strokes, heart attacks, liver damage, brain damage, pregnancy complications, and potentially death. It is also possible to suffer both emotional and psychological issues after consuming the defective medication.

Pursuing a Product Liability Claim

If you have been seriously harmed by a defective drug, it is highly recommended that you consider pursuing a drug-related product liability claim. An effective claim can help to alleviate some of the damages inflicted by the flawed medication.

There are three main types of product liability claims that you can utilize in your lawsuit. It is possible to utilize just one or a combination of these categories in court.

• Defectively manufactured pharmaceutical drugs - This type of claim may suit your situation if your injuries resulted from tainted or incorrectly manufactured drugs.
• Pharmaceutical drugs with dangerous side effects - In this case, the drugs caused harmful side effects to the consumer even though they were properly manufactured.
• Improper marketed pharmaceutical drugs - The warnings, instructions, and recommendations concerning the drug were inaccurate or insufficient.

Determining who should be held liable for these injuries can be a confusing task since there are so many different parties involved in the drug’s chain of distribution. Possible defendants in a drug-related product liability case include the manufacturer, the doctor, the testing laboratory, the hospital or clinic, and the pharmacy.

Contact Our Aurora, IL Product Liability Attorneys Today

If you have suffered from harmful side effects caused by an over-the-counter or prescription drug, you have the right to recover damages from the liable parties. Our attorneys at Kinnally Flaherty Krentz Loran Hodge & Masur P.C. know how intimidating this task may initially seem. However, with our help, you will be able to determine who was responsible for your injuries and receive your deserved compensation. Contact our Kane County product liability attorneys today by calling 630-907-0909 to schedule your complimentary consultation and get started on your claim.

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-621

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1318&ChapterID=24

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6173549/