Defective Drug Injuries
Roughly 70% of Americans take some kind of prescription drug. Some of us may do it to make life more comfortable while others depend on them just to get through the day. Whatever the case, it’s clear that this medication is very important to most of us. That’s why it can be so disturbing to learn that a drug was actually defective. When it comes to defective products, most of us think of physical items you buy at the store. The truth, though, is that our medication can fall into this category too.
What to Do If You’re the Victim of Defective Drugs
Obviously, if you ever think a drug is working incorrectly, stop taking it and seek medical attention immediately. However, if you then find out that the drug was responsible for you suffering, it’s time to seek out legal representation.
Defective drug liability claims aren’t so different from the typical kind involving other types of products. With drugs, though, they fall into three main categories:
- Defective manufacturing
- Dangerous side effects
- Improper marketing
Let’s now look at each of these three in more detail. Keep in mind, too, that these claims don’t just apply to prescription drugs. Over-the-counter drugs can also be the basis for these types of lawsuits.
Believe it or not, a simple pill can be manufactured incorrectly. The same goes for any type of medication. This category also covers drugs that were somehow tainted during the manufacturing process. Basically, if the drug leaves the factory and isn’t exactly what the label proclaims, a manufacturing error is most likely involved.
Manufacturing defects can also occur when the medication is bottled or boxed, as sometimes this job is outsourced or otherwise handled elsewhere. Labeling, shipping and other processes can also force a medication to work differently than intended.
Dangerous Side Effects
Most of you are familiar with the speed-talking that occurs at the end of a drug commercial. It’s then when the voiceover squeezes in all the possible side effects that may be of concern to the consumer.
Despite all they’re able to fit into those few seconds, sometimes drug companies don’t properly warn the public about side effects their medication can cause. Other times, they don’t know about it.
A lot of times, it’s years and years before the side effect is caught. The problem may not occur until enough of the medication has built up in a person’s system, for example. Other times, it may be that the drug doesn’t mix well with other common chemicals, but this wasn’t advertised.
Unfortunately, in some cases, the manufacturer knew about these side effects, but decided to sell the drug any way. If you can prove this, your lawsuit is going to secure a much greater sum in damages.
Marketing, when it comes to pharmaceutical drugs, covers warning, recommendations regarding its correct use and other directions. This shouldn’t be confused with the side effect claim though. In this scenario, the company knew about such a side effect and tried to warn the consumer but didn’t do an adequate job.
Other times, the improper marketing claim works because the drug was advertised as being appropriate for a use it clearly wasn’t right for.
Defendants in a Defective Drug Case
There can be a number of defendants in a defective drug case. One, two or all three of those above versions could be involved too. The defendant could be the manufacturer, doctor, hospital, testing lab or pharmaceutical sales rep.