When pharmaceutical drugs prescribed by professionals cause harm or prove to be fatal to patients, it qualifies as a case of drug injury. Victims can file charges against the doctor or the hospital under personal injury claims. Some drugs can still pose risks of causing harm even after going through FDA (Food and Drug Administration) verification. Even after being aware of that, some manufacturers continue to sell the risky drug.
Victims can take the help of a personal injury attorney near me to file a personal injury claim if they end up in a situation like this. Read on to learn more about what drug injury law entails.
When do manufacturers become liable?
There are times when the harm caused to victims is from an identified side effect of the drug; in this case, the manufacturer will not be liable, but they become liable when:
- Drugs are defectively produced
- Harmful side effects of the drug are not mentioned on the packaging
- Improper marketing of drugs
Other factors that may be liable:
The manufacturer is typically the first to be held liable in a drug injury case, but in some cases, other parties may be liable. Hiring a skilled attorney will help you pin that out. Some of them include:
- Distributors
- Pharmacies
- Hospitals
- Physicians
- Laboratories
Sometimes, manufacturers also forge data to pass FDA verification; if they are found to be doing that, you can file charges against the manufacturer.
What are some damages sustained in a drug injury case?
Your attorney will help you receive compensation for:
- Medical bills
- Pain and suffering
- Lost income
- Funeral expenses
There is a term called “drug recall,” which happens when a manufacturer voluntarily calls to put a drug off the shelves because of a defect or no guarantee of safety. When a drug gets recalled, it gets eliminated from the public market as soon as possible.
How does a drug injury lawsuit work?
Hiring or contacting a lawyer is the first step because they help you evaluate your case and decide if it can be filed in court. Then, the lawyer will examine every document connected to the drug company. The plaintiff will help with giving out information to the lawyer to help the discovery process. A lot of the time, drug injury cases end with a settlement, but some are strong enough to go to trial. An attorney can help evaluate that.
Contact an attorney today if you or your loved one has been involved in a drug injury case!
