Defective Drugs and Recovering Compensation
A company that manufactures defective drugs can be held liable for the injuries its product causes. Almost half of all people take at least one prescription drug each month, according to the Centers for Disease Control and Prevention. Patients who have been harmed by such products may be able to receive compensation for their medical expenses, pain and suffering and other damages by contacting the Olinde Law Firm in New Orleans.
Defective Drugs and Types of Liability
In order to hold a company liable, it must first be shown that the product was defective. There are three ways in which a product can be found to be defective:
- The product was defectively designed – this means that the company failed to properly design the product, and as a result, the item is unsafe.
- The product was defectively manufactured – this means that the company did not follow proper manufacturing procedures, and as a result, the medication is unsafe.
- The product was not properly labeled – this means that the company failed to provide adequate warnings about the dangers of using the medicine, and as a result, patients were not adequately warned of the risks involved.
If it can be shown that the drug was defective, the next step is to show that the defect caused the patient’s injuries. This requires proving that the patient would not have been injured if they had not used the defective product. Some defective drugs that were recalled because they were dangerous include the following:
- Zantac, a medication used to treat heartburn, has been shown to cause stomach, bladder, rectal, colon and other cancers.
- Taxotere is a chemotherapy drug used to treat various cancers, including breast, prostate and small-cell lung malignancy. Although temporary hair loss is common during chemotherapy, Taxotere causes alopecia, which means the loss is permanent.
- Onglyza / Kombiglyze XR are medications used to treat Type 2 diabetes that can cause dangerous side effects. Serious side effects include pancreatitis and heart failure.
- Risperdal and Invega are antipsychotics used to treat schizophrenia. Risperdal is used also to treat autism and bipolar mania. Gynecomastia, which is breast enlargement in teen boys, as well as muscle spasms, tremor and difficulty swallowing can be serious side effects.
Calculating Damages in an Injury Caused by Defective Drugs
Once it has been established that the company is liable for the patient’s injuries, the last step is to determine what type of compensation the injured party is entitled to receive. This will depend on factors such as the extent of the patient’s injuries, the amount of medical expenses incurred and their lost earnings.
If you or a loved one has been injured by a defective drug, you may be entitled to compensation. Contact an experienced personal injury attorney to learn more about your legal rights and options.
Olinde Law Firm
At the Olinde Law Firm, our extensive experience in handling pharmaceutical liability claims can assure you that we will work hard to obtain the compensation you deserve for your injury. The pharmaceutical litigation attorneys at our firm provide free consultations to people injured by defective drugs. Get started immediately by calling us at (800) 587-1889 or by contacting us locally in New Orleans at (504) 587-1440.