The medications that pharmaceutical companies put on the market for consumers to use must be safe and approved by the Federal Drug Administration (FDA for short). That includes over-the-counter as well as prescription drugs. When drug makers decide to cut corners, the public can suffer injuries because of dangerous medicine.
It can be challenging to provide evidence that negligence resulted in a medication injury in court. Therefore, many individuals seek guidance from skilled legal counsel. A Metairie dangerous drugs lawyer could help you pursue compensation for any damage you experienced because of your injuries. Call and schedule an appointment with one of our seasoned injury attorneys for help with a case.
Identifying the At-Fault Party
Determining the at-fault party in a dangerous drugs case is complex and may involve more than one defendant and insurance agency. The parties that could be liable for damages in defective medication lawsuits include:
- Retailers
- Pharmacist
- Manufacturers
- Medical professionals
- Pharmaceutical companies
- Pharmaceutical sales representatives
A Metairie attorney could analyze the evidence to determine how a dangerous drug made it onto the market and who is liable for the resulting injuries. The defendant could be one of the above parties, or there could be evidence that more than one party shares fault.
The Different Types of Medication Defects
Defective product lawsuits fall within three primary groups. According to the Louisiana Products Liability Act, there are three types of deficiencies that can lead to consumer injuries, including:
Design Flaws
Design flaws happen when the drug maker runs tests to determine the formula of a new medication and fails to recognize potential adverse effects. A case based on this type of defect must show that the design was inherently dangerous and that another formula would have been safer.
Manufacturing Defects
Manufacturing defects are the most common type of lawsuit involving dangerous drugs. These cases are based on an issue that occurs while the manufacturer is producing the drugs. An example would be a toxin entering a specific batch, causing consumers to become ill after taking the medication.
Failure to Warn Consumers
Failure to warn cases result from inadequate warning labels. A pharmaceutical company must be alert to all potential problems with one of their medications, even if they only apply to a small group. Failure to provide complete instructions for using a medication may form the basis for a defective product lawsuit.
A lawyer serving Metairie could investigate the cause of a dangerous drug making it onto the market to determine whether there is cause for taking legal action.
Defective Medical Devices
Defective medical equipment and devices are also common causes of consumer injuries. Some examples of previous defective medical device cases involve the following:
- Hernia mesh
- Bone cement
- Defibrillators
- Hip replacement
- Knee replacement
- Pins, screws, and plates
After reviewing the details of a case, a dangerous drugs lawyer in Metairie could offer tailored advice about the next steps to take in the legal system.
Recoverable Damages
After establishing liability, the court may award a settlement to cover healthcare and ongoing treatments, lost salary and benefits, and prescriptions and medical devices. Many plaintiffs in product injury cases may also be eligible for non-economic damages, including emotional distress, permanent disability, physical pain, and anguish.
Schedule to Meet With a Skilled Dangerous Drugs Attorney in Metairie
Pharmaceutical companies are legally responsible for completing extensive testing and ensuring the medication they put on the market is safe for consumers. They must also warn consumers of all the potential side effects. When drug makers and manufacturers fail to meet these legal obligations, they increase the risk of consumers experiencing severe harm.
You have the right to seek legal action when a drug manufacturer’s negligence causes you or someone you love to get hurt. A dedicated Metairie dangerous drugs lawyer could review your case and explain your options for pursuing damages. Call one of our trusted attorneys today to schedule an appointment.
