When you take a drug, whether it is a prescription drug or an over-the-counter medication, you expect that drug to be safe provided you use the drug as prescribed or directed. It is known that some drugs have side effects. Not all individuals who use the drug will experience side effects; however, every person who uses the drug has the right to be informed of the potential side effects associated with the use of the drug. The person can then make an informed decision whether to use the drug knowing the risk of potential side effects.
When the side effects of a drug are not disclosed and someone is injured, that person has the right to be compensated for his or her damages. A NoLA product liability attorney can help you sue a drug manufacturer or other party if you have suffered harm from side effects of a drug that you took if the harm you suffered was unexpected and the harm was caused by negligence or failure to disclose.
Suing for a Drug Side Effect
There are several reasons why you may be eligible for compensation if you have been injured by a defective drug including:
- Failure to Warn – If the drug manufacturer knows the drug can cause side effects and fails to provide an adequate warning of the potential risk for side effects, the company can be held liable if you are injured from taking the drug. Strict liability requires that a drug manufacturer provide a warning to consumers or be held liable for any damages that result from the failure to warn.
- Defect in the Formula – In some cases, there may be a defect in the drug formula that makes the drug dangerous to use.
- Defect in Manufacturing Process – If the harm is caused by a defect or mistake in the manufacturing process such as using the wrong ingredient or contaminating the drug because of improper manufacturing conditions, the manufacturer may be held liable for any damages resulting from the defect.
Depending on the facts and circumstances in your case, you may have several legal causes of action to recover damages from injuries resulting from a drug side effect. If you believe you have suffered an injury because of a defective drug, you need to contact our defective drug attorneys immediately. We will perform an investigation to determine if you have a valid claim for damages due to drug side effects.
Where Can I Find Out About Drug Side Effects?
Any drug sold or distributed should contain warnings on the label of any potential side effects known to be associated with using the drug. Some medications may also come with a package insert. You can also check with the FDA or DailyMed for information on drug side effects.
New Orleans Product Liability Attorneys
The defective product lawyers of The Olinde Firm want to help you recover damages caused by a defective drug. Defective drugs cause harmful side effects that could result in permanent disability or death. You deserve to be compensated for the damage caused by the side effects of a drug.
If you or a family member have been injured by a defective drug, we can help. Contact our office for a free case evaluation. We will not charge you for the legal consultation. If we accept your case, we will not charge you any attorney fees until we win a jury verdict or settlement in your case.