According to the Food and Drug Administration (FDA), Americans report several million cases of adverse reactions to medications every year. These reactions lead to millions of severe medical conditions and hundreds of thousands of deaths annually, and many more cases go unreported.
Drug manufacturers and doctors who prescribe medication must take measures to ensure their products and services do not pose a risk to their clients. As a consumer, you expect the drugs you take to produce desired results. If the drug has side effects, the pharmaceutical company or the doctor should warn you.
If you or someone you care about suffered injuries because of using such medications, a dangerous drug lawyer in Mount Pleasant from George Sink, P.A. Injury Lawyers could help with filing a claim, including:
- Identifying liable parties for your damages
- Studying the facts of your injuries to discover signs of negligence
- Negotiating on your behalf for a fair settlement
- Filing a lawsuit, if required
- Defending your injury claim in court
We can also help you file a wrongful death claim if your loved one died after taking defective or dangerous drugs.
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How a Dangerous Drug Can End Up in the Market
You might wonder how dangerous drugs even wind up making it on the market. You often hear about brand-name recalls, but many consumers don’t realize that roughly 70% of prescriptions are filled with generic substitutes. And not all generic prescription drugs are safe either.
If you are a victim, our Mount Pleasant dangerous drug attorneys will perform a rigorous analysis of the financial and physical impact. Before we do this, we must identify the liable party who allowed the drug to enter the market.
Many forms of negligence can lead to such a situation, including:
- The obliviousness of long-term side effects of the drugs, resulting from the failure of the manufacturer to test the medication for long-term consequences
- The 501(K) clearance process, which is when the FDA approves a new drug with little testing when there are similar drugs on the market
- The FDA’s lack of power
- Misleading marketing practices
- Off-label drug use
- Violation of consumer protection laws
- Concealment of side effects of the drug
We can access expert witnesses in pharmacology to establish how a dangerous drug contributed to your damages and identify the responsible party.
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Damages You Can Suffer from After Using a Dangerous Drug
Taking a dangerous drug can be detrimental to your health. Not only can it worsen your current medical condition, but it can also cause other problems, including:
- Heart attack and other cardiovascular complications
- Blood clots and internal bleeding
- Liver and kidney failure
- Various types of cancer
- Stevens-Johnson Syndrome
- Physical disabilities
- Congenital disabilities
- Mental disorders
If you develop medical complications after using a dangerous drug, contact our personal injury law firm for professional assistance. A lawyer can help you sue the pharmaceutical company or the prescribing doctor for medical malpractice or negligence.
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Signs of Negligence in a Dangerous Drug Case
There are several signs to look out for to establish negligence or malpractice for your claim. However, you need not worry about the legal jargon because our law firm can step in to help Mount Pleasant residents verify the signs.
A common defect in the design of a dangerous drug is the lack of enough testing. It becomes risky to use the drug.
There may be an absence of defects in the drug design. However, manufacturing errors can make an entire supply of the medication risky.
Lack of warning labels about the side effects of the drug can cause unsuspecting consumer harm. Injury can also occur where there is no clear direction on the proper use of the drug.
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Holding the At-Fault Party Accountable
Drugs can be dangerous substances. If you suffer injuries after using a medication, you can hold the manufacturer accountable for your damages under the principals discussed below.
According to South Carolina Code § 15-73-10, if you possess or produce something likely to harm others, you are liable for the damages. Under the dictates of strict liability, the law holds pharmaceutical companies responsible for their drugs’ side effects on users.
If there is evidence of recklessness during the production and testing of a drug, you could hold the pharmaceutical company liable for injuries you incur after using it.
Breach of Warranty
If the drug does not live up to what the warranty stipulates, you could hold the manufacturer accountable for your injuries.
Damages from a dangerous drug can be life-changing. However, our Mount Pleasant dangerous drug lawyers understand pharmaceutical law and help you prepare your compensation claim.
Compensation for Dangerous Drug Damages
You can either sue the at-fault party or settle with insurance companies outside of court. Irrespective of the route you take, potential compensation for a dangerous drug claim include:
- Present and future medical bills, including out-of-pocket medical expenses you have spent
- Loss of current wages and future earning capacity
- Pain, suffering, and psychological trauma, such as post-traumatic stress disorder (PTSD)
- Loss of consortium or companionship
- Loss of enjoyment of life
- Wrongful death
If your loved one dies after using a drug, you or next of kin can pursue a wrongful death lawsuit. The lawsuit’s contents can include loss of consortium, emotional pain, suffering, and refund of funeral expenses.
We are ready to pursue the compensation you deserve for any hardships a defective drug may have caused you or your family. An injury resulting from a dangerous drug is a severe offense, and the at-fault party could owe you substantial reparation.
Let our Mount Pleasant dangerous drug lawyers help you get justice for your injuries and other damages. Contact George Sink, P.A. Injury Lawyers by phone or through our online form today for a free consultation.
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