Legal Rights against Dangerous Drugs

When your family physician prescribes you a medicine, have you ever thought of the side effects it may cause? Drugs with deadly side effects often make it to the market because their potential dangers were not anticipated during clinical trials. But if individuals and families have ever suffered severe injuries even to death, their rights are protected under the Product Liability Law. Though all medicines have the possibility of side effects, those out of defective drugs are particularly frightening. The injuries that may cause by the side effects are birth injuries, organ damage (heart, liver, kidney etc.), brain and nervous system disorder etc.

• Defective Drugs – Defective drugs are those that have been identified by the FDA having dangerous side effects. A defective drug may carry significant health risks and may even be fatal. They are deemed to outweigh the benefits they have. There are three kinds of defects found in medicinal drugs:
• Manufacturing Defect – Drug manufacturing companies have a responsibility to test each product before seeking FDA approval. But in certain cases the defect arises in the manufacturing phase, which is overlooked by quality control, thus making the drug defective. No matter how much technology has developed to manufacture drugs, defect still lies.
• Design Defect            - The side effects that have occurred years after taking the dangerous drugs explains a design defect of a drug.
• Marketing defect – This happens due to the overstatement by the manufacturers about their products and wrong, misrepresentative advertisements. Even if your doctor prescribes a wrong medicine, manufacturer can be held responsible.

It is strange to know that even if the FDA is reviewing the drug, they fail to conduct adequate follow-up research. This has caused defective drugs to come in the market.

What Legal Action can be taken against defective drugs?

In recent years, it seems like there have been a rash of litigation and major class action lawsuits involving defective drugs. If you have taken a medication and suffered adverse side effects, you are entitled to monetary compensation. You can file a Dangerous Drug Product Liability suit for the pain and suffering you experience with the defective drug. It is necessary to consult a product liability attorney to proceed with a lawsuit against the makers of the allegedly defective drugs. He will also help to settle your claim for medical bills and past & future lost wages.

Who may be sued for the defective drugs?

Product Liability is generally considered a strict liability offence. Strict liability wrongs do not depend on the degree of carefulness by the defendant. Defendant is liable when it can be shown that the product is defective. This leads us to discuss upon whom the liability exist or who can be sued.

It is the duty of the manufacturer or supplier to disclose all information about the drug and warn about the possible side effects. If it is not done properly, drug manufacturer will be liable. If there is defect in the manufacturing process, obviously the drug manufacturers and testing laboratory will be held liable. Unfortunately, as long as profit is concerned, some companies are willing to forego certain safety measures in favour of profit. Again, if your doctor or pharmacist has not warned you of the harmful side effects, they can also be sued.

If you too have fallen victim of any such defective drug then do contact a product liability attorney and discuss the options open for you to get legal benefits.