Seeking Compensation for Dangerous Drug Injuries

Dangerous Drug Side Effects May Entitle You to Compensation

By early December of 2020, the FDA had already matched its drug approval statistics from 2019. The upward trend in the number of drugs the FDA approves annually continues to raise concerns that faster approvals may lead to more dangerous drug injuries.

What Is a Dangerous Drug?

Medications undergo a detailed testing process before they may receive FDA approval for sale in the marketplace. While most medicines are helpful when administered for their intended uses, some drugs may actually cause injury or even death. It is not uncommon for a drug to have side effects. Therefore, drug manufacturers are generally not liable for injuries the manufacturer clearly lists as a potential side effect. However, there are scenarios in which drug manufacturers may be liable for a consumer’s injury, including:

If there is a defect in the drug’s manufacturing process.
If the drug causes dangerous side effects.
If the manufacturer markets the drug improperly in a way that causes injury.

Who May Be Liable for a Dangerous Drug Injury

Drug companies are naturally the most likely defendants in dangerous drug cases. However, other parties may also be liable in a dangerous drug lawsuit. Your Morristown personal injury attorney can help you identify potential defendants in your dangerous drug case. Other parties that may be liable generally participate in other parts of the supply chain and may include:

Testing laboratories
Sales professionals
Medical care providers
Hospitals or clinics
Pharmacies

Drug Manufacturing Defects

Manufacturing defects may potentially occur at multiple locations as a drug travels to the end-user. The manufacturer may make an error in producing the drug at its facility. If another party is responsible for packaging and labeling the medication, that party is liable if the error causes injury. A pharmacist who bottles and delivers a drug may be legally responsible if his or her process causes a defect in the product.

Your Morristown personal injury lawyer will investigate every stage in the supply chain to uncover potential contributors to a drug defect that causes injury. Injured patients are often unaware of their right to receive compensation for severe side effects that they experience. Therefore, it is important to call a dangerous drug lawyer as early as possible to determine whether the injured patient may have legal recourse.

Dangerous Side Effects vs. Common Side Effects

Sometimes, a beneficial drug may have side effects. Doctors and their patients ideally weigh the therapeutic benefits of a drug against potential side effects. Drug manufactures are required to list known side effects to enable medical care providers and their patients to know what to expect when considering a particular medication. Occasionally, a dangerous drug may cause a very severe, unexpected side effect that causes injury. Dangerous side effects are more severe than common side effects that typically pose relatively minor annoyances. Examples of severe, potentially unexpected side effects include:

Memory problems
Hallucinations
Increased risk of dementia
Confusion or delirium
Birth defects
Anaphylactic shock
Brain disorders
Nervous system disorders
Cardiovascular system disorders
Kidney disorder

Improper Marketing

Marketing a pharmaceutical drug includes providing instructions for correct use, issuing warnings, and making recommendations to help health care providers and patients administer and use the drug safely. A manufacturer that does not provide an adequate warning regarding side effects or sufficient instructions for safe use of the drug may be liable if the drug causes injury. A manufacturer, sales representative, pharmacist, or doctor who provides bad advice regarding the drug is also likely to be liable if the bad advice causes injury.