Although modern medicines have saved many lives and improved countless others, it is sometimes the case that drugs intended to make us feel better end up causing serious or even life-threatening harm. Pharmaceutical cases often revolve around drugs that have deadly side effects for those that use them, whether on their own or as an interaction with other medications. If you are injured due to a medication, then you the right to collect damages for your injury from the drugmaker or other responsible parties. SMT Legal offers expert legal help for those who have experienced injury due to medication prescribed to them. Contact us right away following your drug interaction or another drug injury to discuss your case and weigh the legal options before you.
Types of Pharmaceutical Cases
There are three types of drug-related product liability claims, which are as follows:
- Defectively manufactured pharmaceutical drugs: This claim occurs when a drug has been manufactured improperly or somehow become tainted during the production process. This could include improper labeling on the packaging, putting the wrong ingredient in the pill during the manufacturing process, or adverse events during the shipping process. As long as the plaintiff is injured as a result of the drug becoming tainted at the factory or retailer, this type of claim is valid.
- Pharmaceutical drugs with dangerous side effects: Serious side effects resulting in serious injury or illness may result in a product liability claim. Often, the patient will claim that the manufacturer was aware of adverse side effects and did not adequately disclose the risks. This type of claim may be filed even over drugs that have been on the market for a long time, as serious health issues may be discovered as a result of the drug’s longtime use. Many who file this type of claim are under the assumption that the company was aware of the potential dangers but failed to report the information; if this can be proven in court, the victims may receive a large sum of money from the lawsuit in the form of punitive damages.
- Falsely marketed pharmaceutical drugs: If a patient becomes injured due to adverse side effects from taking a drug that they believe the pharmaceutical company neglected to warn about, they may file a claim. This can include things such as bad side effects or embellishing what the drug is capable of treating. This is often known as a “bad advice” claim, as it’s usually the result of poor and inadequate instructions being given to the patient.