If a defective drug injures someone, they wonder who they can sue. Here, we’ll discuss the who’s and why’s of suing for a bad drug injury and why hiring defective drugs lawyers can help you with your case.
What is a defective drug injury
A defective drug injury is an injury that was caused by a pharmaceutical product that was released to the public without being adequately tested. It could include products that were recalled or products that have serious side effects.
Products liability law in the United States
In the United States, anyone injured by a defective product may bring a claim against the manufacturer or seller of that product. It is true even if the injured person was not the product’s original purchaser.
Three main types of defects can give rise to a products liability claim:
- Design defects: These are defects that exist in the product before it is even manufactured. An example is if the drug is designed in a way that makes it more likely to cause harm than other similar drugs.
- Manufacturing defects: These occur during the manufacturing process. For example, if the drug is not manufactured according to the FDA-approved standard.
- Marketing defects are defects in how the product is marketed, such as inadequate warnings or instructions. An example is a medication that does not come with a warning about possible side effects.
The legal process for a defective drug injury case
To make a case for a bad drug injury, someone needs to go through some key steps:
- Gather evidence: This includes medical records, bills, and documentation from the drug’s manufacturer.
- Establish causation: A doctor must connect the dots between the injury and taking the defective drug.
- Determine who is at fault: In some cases, it may be clear that the drug’s manufacturer is at fault. But in other cases, there may be multiple parties who could be held liable.
- Calculate damages: This includes economic damages (like medical bills) and non-economic damages (like pain and suffering).
- File a lawsuit: The plaintiff will file a complaint with the court, which will start the legal process. In most cases, the time limit to file a lawsuit is two years from the date of the injury.
Parties you can sue for a defective drug injury
A few different parties could get sued for a defective drug injury. The first is the manufacturer of the drug. If it can be proven that the manufacturing process was flawed, then the manufacturer can be held liable.
The drug’s distributor, wholesaler, or retailer can also be sued. In most cases, it is tough to prove that they are liable.
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However, if it can be proven that they were aware of the defect and did not warn consumers, they are liable
Sometimes, the doctor who prescribed the drug can also be sued. If the doctor knew the drug’s risks and failed to warn a patient, they may be liable.
Finally, you can sue the company that issued the recall if a recalled drug injures you. Companies that make a recall are legally required to do it no more than 72 hours after they become aware of the problem. If you can prove that the company was negligent in issuing the recall, you may be able to sue them.
Why you should hire defective drugs lawyers
Hiring defective drugs lawyers offers many advantages:
- They have the experience and resources to investigate your claim
- They can help you pursue all possible avenues of compensation
- They can negotiate with the drug manufacturer on your behalf
- Good defective drugs lawyers can take your case to trial if necessary
Contacting a defective drug lawyer after an injury is essential, as there may be time limits on how long you must file a claim. An experienced lawyer can help you understand your legal rights and options and fight for the compensation you deserve.
Defective drug injuries aren’t only limited to physical injuries- they can also cause emotional and financial hardship. If a defective drug has injured you or a loved one, it’s essential to contact an experienced lawyer who can help you pursue all possible avenues of compensation. Don’t wait- call today for a consultation.
