Every year, Americans suffer injuries, complications, and serious side effects after taking certain drugs. As a matter of fact, over 15 million people every year have to be treated for adverse reactions to medicine. Out of those, up to 100,000 die as a consequence. Dangerous drug cases are very serious, and depending on the case, could actually make you eligible for compensation. Here’s what you should do if think you have a legitimate case on your hand.
Know if you’re Actually A Victim of Negligence
You can’t sue any pharmaceutical company because you suffered some side effects. However there are circumstances where negligence could be established.
For instance, if there were insufficient instructions, then you could get compensated. If there isn’t enough information on how, when, and how often the medicine should be taken, then this is negligence. In other cases, drugs can be prescribed for issues they weren’t intended for. Or a drug might be advertised for a certain condition before it was approved by the FDA.
Also, if a company releases a drug knowing that the side effects are way worse than the condition it treats, or even aggravates it, they could also be on the hook. Another case where a pharmaceutical company could be liable is if there was a manufacturing defect.
Who Can be Held Liable Beside Pharmaceutical Companies?
Know that you can sue parties other than the company selling the drug. However, note that doctors are rarely targeted by these. But they can be sued for failure to warn.
You could also sue a laboratory for instance. A laboratory can be deemed responsible under strict products liability for making sure that the product is safe before it gets to the public. You could even sue a pharmacist if they talked to you about a specific drug. One party that can be difficult to sue however are sales reps. In most cases, they don’t have enough information about a certain drug to be held liable. However, those who were aware could be sued, but you’d have to prove it first.
Why You Should Work With a Lawyer
Bad drug cases can be extremely complex, and you’ll have to go against companies with a lot of resources. This means that they’ll often have no problem dragging the case for years. This is why you should work with a qualified law firm with significant experience dealing with those.
Firms like Fears Nachawati for instance have a team of lawyers dedicated to these types of cases and they have represented people for years in cases involving things like mesothelioma, drugs like Zofran and Taxofere, and faulty medical devices. They know exactly what would be the best course of action depending on your case and when you should settle or go to trial. They’ll also be able to tell you when a settlement is fair and prevent you from getting short handed.
Conclusion
Bad drug cases are more common than many imagine, and it’s essential that you have the right team in your corner if you want to get the compensation you deserve. Assess whether you have a genuine case in your hands, and don’t be afraid to take proper action if necessary.
