Medications, prescription and non-prescription, are supposed to be safe when you use them as directed. Some medications have potential side effects. Patients need to be given the opportunity to make an informed choice about whether to use a particular medication and take the risk of experiencing the related side effects. Unfortunately, sometimes dangerous potential risks of a drug are not disclosed.
Victims who endure harm from using a medication can sue for drug side effects provided the harm was unexpected, was caused by a defect, and/or was caused by negligence. A Long Beach product liability lawyer can determine if you can sue the pharmaceutical company or drug distributors for side effects of a medication you took.
Who Can I Sue for Drug Side Effects?
You can sue for drug side effects if you can prove the manufacturer or distributor of the drugs were negligent and you sustained injuries therefrom. There are different legal arguments under which you can sue:
- You can sue if the side effects occurred as a result of a defect in the formula used to make the drug or a defect in the manufacturing of the drug. For example, in 2012 a compounding pharmacy contaminated medications with fungus due to improper manufacturing conditions, causing a meningitis outbreak as reported by the Centers for Disease Control and Prevention. Victims could sue because a defect was the direct cause of harm.
- You can sue if the manufacturer was negligent. When defects cause harm, there is no need to prove negligence because a legal doctrine of strict liability applies. However, another legal theory allows you to recover compensation if you can prove the manufacturer, distributor, or reseller of a drug was more careless in taking steps to ensure safety than a reasonable company would have been under the circumstances.
- You can sue as a result of a failure to warn. Failure to warn is a defect that can result in strict liability. If manufacturers know of risks – like drug side effects – they must provide a warning to consumers and can be held strictly liable if they fail to do so and harm occurs as a direct result.
Most drugs contain a description of side effects that could occur. If a patient was warned about the side effects of a particular drug and chose to take the medication anyway, the patient typically cannot sue for drug side effects under these circumstances. The plaintiff has assumed the risk of side effects. However, if the side effects occur more commonly than the manufacturer suggested or are more severe than the warning indicated, this again could be a situation where a plaintiff may file a civil lawsuit.
Contact a Long Beach Products Liability Attorney for Help
Your Injuries are Personal to Me
I have experience with defective product cases, including claims arising from illness or injury due to unexpected side effects of medication. I will help you determine if you could have a case and will assist in in pursuing compensation when you react badly to a drug.
Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation. You are under no obligation and you will never pay any money unless you recover damages for your injuries. I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.
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