People take medication when they want to feel better and get relief from symptoms. Unfortunately, sometimes a drug could make you feel worse and even have a permanent negative impact on your health.
If a medication you took caused you to suffer severe or permanent side effects, you could take action against the manufacturer. Drug companies must ensure the products they sell are safe for use.
Speak with a Phenix City dangerous drugs lawyer if you believe a medication made you ill or injured you. With a dedicated personal injury attorney’s guidance, you could hold the drug manufacturer liable for all the losses you suffered.
Federal Approval Does Not Mean a Drug is Safe
Sometimes people believe that if the Federal Food and Drug Administration (FDA) approved a medication for sale, it is safe. However, FDA approval simply means that after reviewing data supplied by the manufacturer, the agency decided the drug’s effectiveness in treating certain conditions outweighs the risks it might pose. A manufacturer could assert that a product is substantially equivalent to other drugs already on the market or that their product treats a condition that has few current treatments. Both claims could result in a rushed approval process.
Many FDA-approved drugs that were widely prescribed are the subject of lawsuits because of the drugs’ adverse health effects. Some examples include:
- Actos, a drug for diabetes that might cause bladder cancer and congestive heart failure
- Androgel, a testosterone supplement that could cause cardiovascular disease
- Elmiron, a drug that treats cystitis and causes permanent eye damage
- Lipitor, a drug for reducing cholesterol linked to diabetes and liver failure
- Mirena, an intrauterine device that could cause pelvic inflammatory disease
- Viagra, a medication for erectile dysfunction that could cause melanoma
- Yaz, a contraceptive, is linked to cardiovascular disease
- Zantac, a heartburn medication that could cause various cancers
This partial list does not reflect all the drugs that might cause severe health problems. Anyone who believes a prescription or over-the-counter medication had a significant adverse impact on their health should contact a dangerous drugs lawyer in Phenix City as soon as possible.
Law Requires Quick Action
Anyone who wishes to pursue a lawsuit against a drug manufacturer must do so within two years of experiencing an injury, according to Alabama Code §6-2-38. If the drug’s adverse impacts manifest over time, an individual must file a lawsuit within one year of the date they discovered that the medication caused their injury.
Drug manufacturers defending their products might claim that a lawsuit is time-barred because a patient did not promptly identify the medication as the cause of their injury or condition. An experienced Phenix City unsafe drugs attorney, such as David Bence, could help a patient establish that they used appropriate diligence to discover the cause of their symptoms.
Damages in Defective Drug Cases
If a plaintiff can successfully show that a drug was defective in its design, manufacturing, or prove that its label provided insufficient warning of potential adverse impacts, they could receive damages. A plaintiff also might receive a financial award if they can prove that the manufacturer was negligent.
Recoverable damages in this type of claim could include all the medical costs and other expenses associated with diagnosing, treating, and living with the drug-related injury. Lost wages and diminished capacity for future earnings may also be reimbursed. Damages could also compensate for a person’s subjective losses like:
- Emotional turmoil
- Reduced life span
- Physical pain
- Lost enjoyment of life
Damages in Mass Tort Cases
If many plaintiffs bring claims about the same drug, courts often consolidate them. In these consolidated cases, called “mass torts,” the plaintiffs need to prove the manufacturer liable just one time. Then, each individual plaintiff submits their own proof of damages.
Damages in Class Action Suits
Sometimes when a drug caused the same or virtually the same effect in everyone who was harmed by it, the affected party could opt into a class action suit. A plaintiff or small group of plaintiffs sues on behalf of all the other victims who choose to opt in to the “class.” In class action lawsuits, damages are typically divided equally among all members involved.
Get in Touch with a Seasoned Phenix City Dangerous Drugs Attorney
If a prescription or over-the-counter medication caused you harm, you have a right to hold the responsible party accountable. The companies that reap huge profits from these products should pay for the injuries they cause.
A Phenix City dangerous drugs lawyer like David Bence could develop a winning strategy to secure you the compensation you deserve. Get in touch as soon as you realize an unsafe medication caused your injury.