Denton Dangerous Drugs Lawyer
All medications – over the counter and prescription – have side effects. Patients assume some level of risk whenever they take a drug, but they do not have to accept debilitating, life-altering harm.
Pharmaceutical companies and others in the supply chain must assume responsibility for the unsafe products they release to the public. A Denton dangerous drugs lawyer could help you stand up to these large companies and receive the compensation necessary. Do not try to handle these cases without guidance from a seasoned injury attorney.
How are Drugs Regulated?
Pharmaceutical companies have a duty to consumers to take necessary steps to ensure their products are safe for use. The federal Food and Drug Administration (FDA) oversees the industry, demanding compliance with rigorous research, testing, reporting, manufacturing, and labeling requirements. Unfortunately, companies do not always satisfy these commitments, which can have devastating results for patients.
When a drug manufacturers or the FDA recognizes a problem, a drug recall may occur. Sometimes market withdrawals prevent public harm, if they pull a contaminated product out of the commerce stream before it reaches consumers. However, more often drugs are recalled after reported harm from sick patients.
Harmful Side-Effects of Medication
People take medicine to address pain and illnesses, but defective medications can cause more harm than good. A dangerous medication’s ill effects may manifest in everyone exposed to the drug, a specific subset of patients, or a limited number of individuals. Regardless of the number of people impacted, taking a harmful medication can have long-lasting, life-altering consequences, including:
- Muscle weakness
- Internal bleeding
- Organ damage
- Broken bones
- Blood clots
- Heart attacks
- Congenital disabilities
- Early death/suicide
These side-effects can result in life-long disability or an untimely death. If someone passes away due to taking a harmful drug, a compassionate local attorney could help their family file a wrongful death claim for damages.
Who is Liable for a Harmful Medicine?
When pharmaceutical companies rush through the testing and approval process, take short-cuts, or provide inadequate patient information, they could be held legal responsible for the harm that results. Texas Civil Practice and Remedies Code § 82.001 establishes strict liability for harm caused by dangerous drugs, making proof of negligent or reckless behavior unnecessary.
As it is impossible to completely remove all potential side-effects from a medication, drug manufacturers have a duty to warn so that patients can make informed decisions about their health. A qualified lawyer from the area could help injured patients file a dangerous drug claim based on the company’s failure to warn, even if the drug company’s inserts, labeling, and other materials received prior FDA approval.
Whether a claimant successfully negotiates a settlement or wins at trial, the nature of their monetary award remains substantially the same. Civil Practice Code § 41.001 allows injured parties to collect economic and non-economic compensatory damages, including:
- Medical treatment
- Physical, occupational, and psychological therapy
- Lost wages
- Mental anguish
- Pain and suffering
- Decreased quality of life
If the responsible parties acted maliciously or with gross negligence, § 41.003 allows an additional award of exemplary, or punitive, damages. However, these damages do have a cap, so it is important to speak with a Denton attorney about whether punitive damages apply to a harmful drug case.
Contact a Denton Dangerous Drugs Attorney Right Away
It can be devastating to realize a medication meant to treat you caused you harm. A dedicated Denton dangerous drugs lawyer at our firm could work tirelessly to hold big pharma accountable and secure just compensation for the harm you endured. Call our office today and schedule a free consultation.