Get Help From a Knowledgeable Defective Drug Lawyer
Defective drugs are medications that cause physical or psychological injury. Often, these injuries relate to recalled drugs, drugs that were not adequately tested for all of their potential side effects, manufacturing errors, dosage mistakes, inadequate warnings, or mislabeling. If you have been injured as a result of a defect in a drug or a labeling error, we encourage you to contact a defective drug attorney from our firm for a free consultation. At Parker Waichman LLP, we’re renowned for our success with defective drug cases. Our attorneys are well-versed in this type of litigation and have a long track record of getting results on behalf of our clients. We’re here to help if you or a loved one have suffered due to defective drugs.
What Is Drug Liability?
Drug or product liability refers to a supplier or physician’s responsibility for defects in a drug. Drug manufacturers can find themselves involved in a defective medication lawsuit if they’ve produced drugs that have caused injury. There are a lot of factors and nuances involved with liability claims like these, which is why it’s best to consult with a well-versed defective drug lawyer.
Dangerous drugs typically cause the most harm within the first 12 months of their release. This means that many of these products were released without a full understanding of their risks. These drugs may have been marketed by drug companies despite evidence of serious side effects or death. Legally, drug manufacturers are strictly liable for injuries if the drug they sell is defective or unreasonably dangerous.
The defective drug attorneys at Parker Waichman know that in each of these situations, the manufacturer is liable and may be sued for damages, regardless of whether the manufacturer was aware of the danger and no matter how carefully the defective drug was produced or labeled.
Medication Lawsuit List: Which Drugs Have Caused Problems?
Here are just a few of the medications that have been the subject of litigation:
Who’s Responsible? Drug Manufacturers, Pharmacists, and Physicians
Prior to submitting a drug for approval by the FDA, drug manufacturers must ensure that proper clinical testing is conducted. Drug makers must also include any potential adverse reactions and warnings on the label so that patients, their caretakers, and their physicians are appropriately aware of all the risks tied to the medication.
Pharmacists are responsible for dispensing the correct, precise drug dosage. Dosing errors can lead to serious harm.
Physicians must ensure that they prescribe the most appropriate medication, taking into account the risks and benefits of a drug, especially given that some drugs can have significant, serious, or long-term side effects.
If any of these three have been negligent in their duties and caused you injury, a drug defect lawyer may be able to help you get compensation.
The FDA’s Responsibility
When a medication is found to be potentially dangerous, the FDA must investigate that potential to determine if the drug’s intended benefits outweigh its risks. If the risks are greater, a medication may be recalled. Sometimes, the recall will remove a drug from the market, while in other cases, the recall will require additional warnings to be written on the labeling information before the medication can be sold.
Off-Label Uses: A Dangerous Marketing Tactic
Pharmaceutical companies often market their drugs for off-label uses. This may be done when a company discovers that a drug may help to treat a condition other than those that the FDA researched and approved. Needless to say, this practice is dangerous. The FDA approves drugs to be used in very specific ways, and if a company promotes a drug’s use in a way the FDA hasn’t researched and approved, they’re breaking the law. Physicians can legally prescribe drugs for off-label uses, but drug marketers are banned from promoting this practice.
Legal Claims in a Medicine Recall Lawsuit
Product liability laws hold manufacturers, wholesalers, and distributors responsible for developing and dispensing drugs that are found to be defective. Should a drug allegedly lead to injuries or deaths, a legal claim may be made for financial compensation, which can cover medical expenses, pain and suffering, loss of economic support, loss of a deceased person’s companionship, and loss of both past and future wages.
Questions Concerning Defective Drugs
How Long Do You Have to Sue a Drug Company?
The statute of limitations on defective product claims will change depending on your state and sometimes based on your specific situation. In New York, the general statute of limitations for defective product claims states that an action to recover damages has to be commenced within three years of the last use of the product.
Can I Sue for Drug Side Effects?
Lawyers can help you to get compensation for drug side effects if you experienced harmful effects caused by a prescription or over-the-counter drug and were not given adequate warning of the possible risks and side effects. Your defective drug attorney may be able to hold a few different parties liable, including:
- The manufacturer or laboratory that produced the drug
- The prescribing physician
- The issuing pharmacist
- The hospital that administered the drug
- The sales representative who sold you the drug
What Does a Pharmaceutical Lawyer Do?
A prescription drug lawsuit attorney is responsible for presenting the strongest possible case on your behalf so that you can get the maximum amount of compensation possible for your injuries. The attorneys at Parker Waichman LLP have a long history of successfully fighting for their clients in defective drug cases, and we stand ready to help you if you or someone you know has been injured due to a defective medicine. Contact us today to get a free consultation.
How Long Does a Pharmaceutical Lawsuit Take?
The amount of time it takes to litigate a defective drug case will vary depending on the specifics of the situation. Often, it can take one to three years or even more to resolve a lawsuit against a pharmaceutical company.
What Is the Average Settlement for Bad Drug Cases?
Pharmaceutical lawsuit settlement amounts can vary widely depending on factors including the number of litigants involved and the severity of the injuries caused, so there’s no real average settlement to expect. Some cases may be settled for a few thousand dollars, while others may pay out millions.
Get Help From a Skilled
Drug Defect Attorney Today
If you’ve been injured due to a defective medication, experienced prescription drug lawyers are as close as your phone or keyboard. Just call Parker Waichman today at 1-800-YOUR-LAWYER (1-800-968-7529) or contact us online to get a free consultation with a skilled pharmaceutical lawsuit attorney. We’ll review your case and advise you on how best to stand up for your legal rights.
Page updated by Jerry Parker