Pharmaceutical Drug Liability
Accutane was on the market for 27 years before it was recalled for causing birth defects, miscarriages, and premature births. Over 7,000 lawsuits were filed against the manufacturer, one netting more than $10 million. Darvon & Darvocet was on the market for 55 years before it was recalled in 2010 for causing heart toxicity. It was also the cause of a reported 2,110 deaths. Pharmaceutical companies release dozens of new prescription medications each year, all having passed the FDA’s standards. Unfortunately, the FDA’s standards are more lenient for pharmaceutical companies, and as a result, many of those medications cause severe to even fatal reactions.
If you have been taking a prescription drug for an extended period of time, and if it has caused you long-term, contact the Orlando product liability lawyers at The Pendas Law Firm. Individuals trust prescription medications and the companies that make them to make them better, and it is a severe violation of trust when they do the opposite. To achieve the justice that you deserve for your damages, all our office to schedule a consultation right away.
Who Can Be Held Liable for Your Injuries?
If you have sustained serious, long-term injuries as the result of a prescription drug medication you were on, there are several individuals and entities that you can sue. They are as follows:
- The Manufacturers: The first entity you should look to in a product liability case of any kind is the manufacturer. Pharmaceutical companies have a responsibility to the people to create and test, test, and test again their products to make absolute sure that they are safe for consumer consumption. Even if the FDA approves a drug, the pharmaceutical company should always be checking their product for potential hazards and latent effects associated with the drug.
- Your Doctor: Unfortunately for your doctor, because they are the person who prescribed the medication to you, they can also be held liable for any negative effects of the prescription drug. Doctors have a responsibility to research every treatment and medication that they prescribe to their patients. If they inadvertently prescribe a harmful course of treatment or medication, they will have committed a breach of their patient’s trust and therefore, can be held liable.
- Your Pharmacist: Finally, your pharmacist can be held liable for stocking and selling a harmful medication, as they are in the chain of distribution.
Filing a Lawsuit for a Harmful Drug
It can be difficult to win a product liability case against a pharmaceutical company or any other individual or entity in the chain of distribution, as not all drugs are harmful. It could be that the effects you experienced from a particular drug were the result of an allergic reaction, a poor combination of two or more drugs, or even failure to adhere to the dietary and lifestyle suggestions in the drugs pamphlet. If you hope to win a product liability lawsuit against a pharmaceutical company, you must prove one or more of the following to be true:
- The manufacturer made a bad product. One way to win a product liability case is to prove that the manufacturer of the medication made a mistake somewhere in the creation process of the product. They may have failed to use proper protocol when testing the medication, or mixed up ingredients somewhere along the way, or even left a batch sitting in the open for too long. There are a thousands different ways in which a manufacturer can make a mistake; unfortunately, the burden of proof is on you to prove how.
- Product was improperly labeled or did not contain adequate warnings. Most prescription drugs come with side effects, or warning labels about how to properly use the drug. If a manufacturer fails to provide adequate labels or warnings, or if they provide the consumer with bad advice, they can be held liable for consumer injuries.
Consult an Orlando Product Liability Lawyer
If you or a loved one has suffered serious side effects, injuries, or even death due to a prescription drug, contact the personal injury lawyers at The Pendas Law Firm right away. Call 1-888-LPENDAS to schedule a private consultation now.
The Pendas Law Firm also serves clients in the Fort Myers, Jacksonville, Tampa, West Palm Beach, Miami, Daytona, Bradenton, and Fort Lauderdale areas.