When a doctor prescribes a drug, you expect that drug to help you. You understand that there could be side effects from taking the drug. However, you also believe that the benefits of taking the drug outweigh any possible side effects. All drugs have potential side effects. However, when a drug is defective, there are more serious consequences than side effects.
Using a defective drug can result in debilitating conditions and death. In addition to the physical, emotional, and mental damages caused by defective drugs, victims generally sustain financial damages because of missed time from work and additional medical expenses. In some cases, a person may require personal care because of the effects of defective drugs.
If a defective drug injured you, you might receive substantial compensation for your damages. A dangerous drug lawyer can help you pursue damages by filing a product liability lawsuit.
How Are Drugs Defective?
If drugs have the potential for side effects, what makes a drug defective? Most drugs can cause adverse reactions. Drug manufacturers are required to disclose all known side effects or potential adverse reactions. A patient uses the information and information from their physician to make an informed decision about whether to use the drug.
However, a drug that causes adverse reactions that are severe enough to outweigh the potential benefits of using the drug is considered defective.
Defects in drugs can occur in a variety of ways. One of the most common causes of defective drugs is inadequate testing. A drug manufacturer fails to conduct the required trials to determine if a drug is safe to use or causes adverse reactions.
Drugs may have manufacturing flaws. A drug manufacturer could expose the drug components to dangerous contaminants during the process. Mistakes during the drug manufacturing process could result in incorrect concentrations of active ingredients.
Another common cause of defective drug injuries is inadequate labeling. If a drug manufacturer fails to include warnings on the label about potential side effects or warnings about drug interactions, the manufacturer could be liable if a person is injured.
Holding Drug Manufacturer’s Responsible for Defective Drugs
Product liability laws allow consumers to hold drug companies liable for damages caused by defective and dangerous drugs. Most product liability claims for drug injuries fall under one of three legal theories — strict liability, negligence, and failure to warn. If a drug company is liable for damages, it could be liable for a person’s medical bills, lost wages, physical pain, mental anguish, emotional suffering, and reduced quality of life.
Proving that a drug is defective is a complicated process. Pharmaceutical companies and drug manufacturers aggressively defend injury claims. They hide behind complicated scientific evidence and confusing explanations of drug chemistry.
If you are going up against a drug manufacturer, you need help. You need a defective drug lawyer who has experience handling claims related to dangerous drugs. An attorney who handles these types of claims has the resources, skills, and knowledge necessary for these complicated product liability claims.
Contact a New Orleans Defective Drug Attorney for Help
The Olinde Law Firm has extensive experience representing individuals injured by defective drugs. Our lawyers fight to hold pharmaceutical companies and other parties responsible for their negligence and wrongdoing.
Contact Attorney Fred Olinde and the legal team at The Olinde Firm by calling (504) 587-1440 or 1-800-587-1889 to schedule a free consultation with one of our Louisiana dangerous drug attorneys.