The U.S. Food and Drug Administration (FDA) regulates prescription and over-the-counter drugs on the market. Even so, come medications may have adverse side-effects that make them unsafe for consumer use.
If you suffered damages due to an unsafe medication, you may need to talk to a Wylie dangerous drugs lawyer. Our personal injury attorneys could investigate your case and determine if you have a viable claim for damages.
Pharmaceutical companies must adequately test their drugs and operate trials to ensure the medication is safe for consumer use. Only after the drug has gone through testing can it get FDA approval. Unfortunately, drug manufactures might be prompted to rush through testing or ignore the concerning results of a trial in an attempt to speed up the approval process.
In addition to performing tests, pharmaceutical companies must consider all foreseeable uses of the drug and ensure they provide proper packing, labeling, and inserts to warn patients of potential interactions and adverse side-effects. A lawyer who regularly deals with unsafe drug cases could provide more information about the laws concerning medication.
Different prescription and over-the-counter drugs can treat a wide variety of medical problems and conditions, but unanticipated side-effects and complications could cause consumers serious harm. Patients using unsafe medications may experience injuries or conditions such as:
Some medications may even cause permanent disabilities or death. Anyone who has suffered losses due to a dangerous drug should reach out to a lawyer with experience handling these types of cases.
In many personal injury cases, such as car accidents, the injured person must prove the negligence of another party. However, the burden of proof for medication claims is must different. According to the legal concept of strict liability, drug companies must ensure their products are safe for use before placing them on the market.
Patients do not need to prove the negligence of the pharmaceutical company to be eligible for compensation. The drug manufacturer could be held financially responsible for damages consumers may sustain while taking the medication, but their liability may be limited in certain cases.
If the patient failed to follow instructions, took the wrong dose, or disregarded the warning label, they may not be eligible for damages. A local attorney could help a consumer determine if they could recover compensation from a pharmaceutical company.
Those who have suffered negative side-effects from a drug may need to act quickly. Under Texas Civil Practices and Remedies Code § 16.003, an individual must file a dangerous drug claim within two years of discovering their injuries.
However, there are some exceptions to this rule, such as cases involving children. It is important to contact legal counsel who could keep track of the deadlines involved in a dangerous drug claim.
Many consumers rely on medications to treat their illness or relieve symptoms of an ongoing condition. If you sustained injuries or adverse side-effects while using medications, you may benefit from discussing your situation with a Wylie dangerous drugs lawyer. Contact us today to speak with one of our compassionate attorneys.
McCraw Law Group