Pharmaceutical Drugs Causing Injuries to Users: What Can Be Done
Product liability suits come about every year due to the negligence of manufacturers. Manufacturers owe a duty of care to those who use certain drugs on the market. It is up to them to test the drugs and medicine before they actually release them to the markets, according to Food and Drug Administration (FDA) regulations. Of course, when it comes to pharmaceutical drugs, the manufacturers aren’t the only parties who could be found liable. Sometimes, it all boils down to the doctor who prescribed your drug, the nurse who instructed you to use it, and more. However, today we will look at manufacturer claims and how you can prove your case.
Side Effects
Manufacturers of drugs must be sure to warn users of the side effects. For instance, you see side effects in many of the medicines on the markets today, such as Statins causing liver toxicity, blood thinners causing severe bleeding, suicidal thoughts popping up in those who take Prozac, and beta blockers leading to loss of libido, compromised cardiac function, and more. Manufacturers will not be liable for any side effects as long as they included these warnings on the box, and it is also up to the doctor to let you know what these side effects are. This is a common occurrence with “unavoidably unsafe” products, which are drugs that cannot be made safely no matter how they are manufactured. The user may need to take a drug like this to survive, fully aware of the consequences.
Failure to Warn
Most adverse drug manufacturing cases stem from “failure to warn,” which is when a manufacturer fails to warn others of side effects. This means that, if a manufacturer failed to inform a pharmacist or doctor of side effects, some of which could be deadly to a certain patient, they could be held liable. However, if they did indeed warn the physician or pharmacist but these parties failed to tell you, they will be held liable instead.
Manufacturers are also required, under FDA law, to add a black box warning to certain drugs because of their dangers. These warnings are the strictest warnings put on prescription drugs, due to reasonable evidence of serious hazards associated with the drug. This means that, if you take the drug, you could sustain serious injury or even death.
Acting Quickly
Here’s the reason why you should always act quickly if a drug has caused you harm: If enough time has elapsed, evidence may no longer be available to prove your claim. Drugs are sometimes passed between manufacturers, so you must be able to identify the party that was responsible for your specific injuries or illnesses. Manufacturers may attempt to shift the blame, so it helps to keep a record of these aspects.
We can help you bring your claim quickly as soon as you have reason to believe that you sustained harm due to a pharmaceutical drug and were not warned of the effects. It is important to ensure that you are holding the correct party liable. At Edelstein Martin & Nelson, we understand the complexities of your case and will help you get the compensation you deserve for your injuries. Call us today at 800-300-0909.
Sources:
https://www.livestrong.com/article/91321-ten-dangerous-prescription-drugs/
https://www.walgreens.com/topic/faq/questionandanswer.jsp?questionTierId=900002&faqId=5400004