Do I Qualify for a Bad Drug Lawsuit? Everything You Need to Know
When you seek medical attention, you put your health in your medical provider’s hands. You expect that the remedies you get work in your favor.
Unfortunately, pharmaceutical companies sometimes get sloppy.
When you fall victim to a pharmaceutical company’s mishap, the implications could be dire. You may suffer injury. You may even have your ability to work productively severely impaired.
There may even be fatalities in the worst cases. When you are a victim of pharma negligence, you may be confused about the right avenues to channel your frustrations. It may not be an adequate reprieve, but a bad drug lawsuit puts justice on your side.
Still, battling a multibillion-dollar entity comes with its set of challenges.
Keep on reading to learn more!
When Can I File for a Bad Drug Lawsuit?
A bad drug lawsuit can happen in one or all of the following instances.
1. Insufficient Medical Instructions
At times, drug manufacturers neglect to indicate how one should use their product. As a result, patients take the drug wrongly. The effect of such mistreatment can range from aggravated symptoms to more severe problems.
If you fall victim to such a predicament, you can instate a bad drug lawsuit against the company. This kind of suit falls under the ‘failure to warn’ lawsuit.
Failure to warn remains one of the most prominent cases. They cover instances such as when a company markets its drug intentionally as effective for a specific condition. For example, there have been cases when a company knowingly sells a drug that is not FDA approved.
In other instances, drugs have been used to treat conditions they were not made to address.
In a bid to push sales, a company might fail to disclose all the side effects of a drug. This exposes patients to the harmful impacts. If you are a victim of any of these instances of intentional failure to warn, you have grounds to pursue a bad drug lawsuit.
2. Design Flaws
Advancements have led to some cutting-edge medical innovations. However, this also carries the possible risk of design defects. These defects could cause grievous bodily harm to a patient.
However, the design is not only limited to medical innovations. If a pharmaceutical company releases a drug knowing that the side effects outweigh the pros of a drug, they are liable for a bad drug lawsuit. Most side effects aggravate the patient’s condition to worse levels, leaving them at an often worse state.
3. Manufacturing Defects
Sometimes, a company will encounter a problem on the manufacturing line. This compromises the drug’s safety and puts the patients’ health at risk. When a patient consumes the defective drug, they can request a bad drug lawsuit if they develop complications from such a mishap.
If you or a loved one has been a victim of any of these situations, you can file a bad drug lawsuit to address:
- Medical bills
- Lost earnings
- Reduced earnings
- Pain and suffering
- Funeral costs
The Answerable Parties in a Bad Drug Lawsuit
You can sue a pharmaceutical company. Doctors typically are not part of bad drug lawsuits. If you want to sue a physician due to other factors such as negligence, you need to discuss it with a reputable law firm such as Montes Law PLLC.
You can also sue the testing laboratory. Under strict liability, products claim, the laboratory is assumed to be responsible for the product before it gets to the end user.
Additionally, you can also sue the issuer of the drug if they talked to you about the product. In most cases, a pharmacist will discuss with you the drug before dispensing it. You can include them as a defendant in the bad drug lawsuit.
A doctor can be liable under the failure to warn. Doctors usually know about medications before prescribing them to patients.
The only party that can plead innocence is a sales representative. Since at times they don’t have enough information about the drug, they may have a considerable ground for defense.
However, if the representative knew of the risk of the drug, they are answerable.
Why You Need a Lawyer
Given the complexity and magnitude of such a case, you will require a qualified lawyer to assist you in a bad drug lawsuit.
Cases against mega pharmaceuticals can have you tied up in court processes for years. It is essential that you enlist the services of an attorney to advise on the most viable solution in a bad drug lawsuit.
A lawyer can oversee a settlement, saving you time and hectic processes.
How to Determine the Right Lawyer for a Bad Drug Lawsuit
Going into a class action lawsuit will require an experienced lawyer. To stand a good chance of getting justice, you need to make sure your lawyer is credible to handle such a case. You can identify a good lawyer by asking the following questions.
- How much will it cost?
- How extensive is your experience with bad drug lawsuits?
- How many of these cases have you handled and how many succeeded?
- Can you provide me with client recommendations?
- How involved will I be in the case?
- Have you received any accolades for your work?
These questions help you identify your best legal option.
You stand better chances if you join a group to sue a drug company. As a single entity, you may not generate the kind of attention that is required for you to get redress fast. However, as a group, there is a better chance for settlement or a class action lawsuit.
Can I Expect Any Pushback?
Pharmaceutical companies will often have some defenses specifically for bad drug lawsuits. If you go to trial, the company’s attorney may use:
- Contributory negligence to imply that you caused your own injury
- Assumption of risk
- Product modification
- The statute of limitation
Bad Drug Lawsuit – Wrap Up
You deserve to get your case heard if you fall victim to bad drugs. There are numerous instances of bad drug lawsuits that have resulted in well-deserved settlements. Contact a lawyer and review your options whether you would like to drive legal action alone or be part of a group case.
Getting a good lawyer to serve you in your case is the key to a successful settlement after the trial. Work with your lawyer and set a date to discuss the possible outcomes of your bad drug lawsuit.
If you’re looking for a good attorney, you can get started by searching for one here.