23. January 2017 · Comments Off on Defective Drugs And the Law Associated To It · Categories: Legal · Tags: , , , , ,

It is estimated that half of the US population is currently talking about prescription medication that ranges from anti-anxiety medication to oral contraceptives to blood thinners. The use of prescription medications is increasing day by day.

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We all expect that these medications will help us to maintain or restore our health, but sometimes they instead cause harm or, worse, death. This may be because a dishonest company lies to the Food and Drug Administration (FDA) about its research or because a responsible drug manufacturer becomes aware too late of its product’s long-term consequences.  You can consult an experienced attorney to have more knowledge about pharmaceutical lawsuits.

In certain instances, drug manufacturers are held liable for the harms due to their defective products cause. There are generally three situations in which people take legal action as a result of alleged harm caused by medication.

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1) The first and foremost situation is when drugs are declared defective. Sometimes drug companies know that they’ve manufactured defective drugs either because they uncover problems themselves or because they’ve received numerous complaints and will voluntarily recall the medication. Physicians are made aware of recalls, and these health-related scares almost always attract a significant amount of national news attention.

2) The second situation is when patient experience problems. Unfortunately, most people don’t know they’ve taken “bad drugs” until they begin to suffer unforeseen consequences. If the drug hasn’t been recalled because of an established pattern of problems, it’s more of an uphill battle for individuals to prove that their health has been compromised because of a defective drug.

In recent years, there have been several drugs that have resulted in severe side effects without being recalled by the FDA. Just because a drug is still on the market doesn’t mean the patient can’t demonstrate harm.

3) Last but not the least is the situation when a loved one is affected. The worst case scenario is when a person dies because of defective drugs. In this case, surviving loved ones sometimes file a wrongful death lawsuit.

The objective is to hold the drug manufacturer responsible for the untimely death, get restitution for the family left behind and prevent other people from suffering the same fate.

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While no amount of money can compensate for the loss of a loved one, holding the manufacturer financially liable can provide a degree of justice and help the family achieve some sense of closure.

Filing a defective drug lawsuit begins with contacting a personal injury attorney sooner rather than later. Typically, the patient only has a few years after a recall is announced or after he or she experiences side effects to file a lawsuit, so time is of the essence.