Have You Been Harmed by a Prescription Drug?
Every year, millions of Americans purchase prescription drugs and rely on them to cure ailments and/or save lives. However, there are many reasons to be vigilant about the use of prescription drugs: drugs are improperly tested, are improperly prescribed to consumers when harmful side effects are unknown, and over-marketed.
What motivates some of these drug companies? Perhaps it is the $200 billion Americans spend a year on prescription drugs. This is big business.
Drug companies are supposed to manufacture prescription drugs to improve quality of life. However, some prescription drugs are poorly and/or cheaply manufactured. In fact, there have been cases of counterfeit and expired drugs being sold online, some of which have caused death. When such “medicine” is taken and the person has been harmed, he or she may have a potential lawsuit against the manufacturer.
Although the United States Food and Drug Administration approves these drugs, this does not mean that they don’t have the potential to be harmful. Frequently enough, serious injuries and even death occur as a result of taking these prescription drugs. While these drugs do have recovery benefits and increase the quality of life, there are many precautionary measures that one must take for the following several reasons:
- Failure to properly and adequately test drugs for unsafe side effects by pharmaceutical companies and the Food and Drug Administration;
- Data errors;
- Flaws in research;
- Pharmaceutical companies may go as far as concealing or altering data to their advantage in order to promote defective drugs to the public and turn higher profits;
- Failure to warn consumers on the labels; and/or
- Pharmaceutical companies may publicize fraudulent information regarding the safety of the drug.
In general, lawyers can sue pharmaceutical companies on the basis of creating a defective product that contains design or manufacturing flaws, or a failure to warn consumers. The warning labels on the products as well as the owner’s manual must be brief, coherent, and understandable by average uses. The warning labels must also describe the potential dangers and hazards linked to the products (i.e. side effects, etc.). In some cases, drug companies are aware that their product is defective, but still choose to sell it. It is the manufacturer’s duty to warn consumers of the product risks, and failure to do so can result in such a way that the consumer turns out injured by the product.
In failure to warn cases, the plaintiff must prove several factors:
- The defendant was aware of the product’s dangers
- The defendant has the liability to warn of the product’s dangers
- The defendant neglected their liability to warn
- The insufficient warnings caused injury to the plaintiff
- The warning was not displayed evidently
Below is a list of pharmaceutical drugs that have the potential to cause harm:
- Aricept 23
- Ibuprofen (Motrin, Advil)
- OTC Pain Relievers
- Zolpidem Tartare
Pride Legal Can Connect You With the Right Attorney for Your Case
Although such cases may sound simple, in reality, they are quite complicated and can involve many unsuspected legal risks. At Pride Legal, one of our experienced attorneys can offer you the professional legal services that you need to win a lawsuit involving defective or failure to warn pharmaceutical cases. The skilled member attorneys in Pride Legal’s trusted network will ensure that you receive the compensation you deserve.
Contact a California Gay and Lesbian Pharmaceutical Case Attorney today for a free case consultation.