Pharmaceutical Liability: Types, Those Accountable & Steps To Take

Pharmaceutical Liability
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More than half of all Americans use prescriptions drugs, which equates to more than $500 billion being spent each year. Although the Food and Drug Administration (FDA) regulates the creation, testing, distribution, and use of prescription drugs, complications can still occur.

These complications can range from depression to a heart attack to even death. People who take prescription drugs may experience negative effects after taking them if they were prescribed the wrong drug or the drug was improperly manufactured.

Sometimes these negative effects have a delayed reaction and develop months or years after an individual takes the drug. In cases of delayed effects, an attorney can help you hold the pharmaceutical company accountable and prove they were the cause of your health-related injuries.

3 Types Of Pharmaceutical Liability Claims

Pharmaceutical-related injury claims fall into three different types. Understand that when you file a pharmaceutical-related injury claim, you actually may be able to file a combination of claims.

Pharmaceutical drugs that were defectively manufactured is the first type of claim. This category of claims involves injures that were caused due to the drugs being improperly manufactured or somehow became tainted in the process of being packaged. There may have been an error at the manufacturing facility, during shipping, or when the bottle was labeled.

Pharmaceutical drugs with dangerous side effects is the second type of claim. This claim is issued when a person undergoes serious side effects and was not made aware of these potential risks. Many people who file this type of claim make a case that the company knew about the dangers associated with consuming the drug but did not release this information to the public.

These cases sometimes involve drugs that have been on the market for a long time before it is discovered that they resulted in a long-term injury. If a victim can prove this, he or she will be compensated with a large sum of money in the form of punitive damages.

Pharmaceutical drugs that were falsely marketed is the third type of claim that refers to the warnings, instructions, or recommendations concerning the use of that particular drug. This can include anything from failure to disclose information about side effects to embellishing what the drug is capable of doing. This type of claim is often referred to as the “bad advice” claim.

Summary: There are three different types of pharmaceutical-related injury claims: defectively manufactured, dangerous side effects and falsely marketed. A person may be able to file a combination of these claims for their particular case.

Those Accountable For The Liability

When a mishap does occur after taking a prescription drug, there are three different parties who can be held responsible. The liability rests on where the mistake occurs, from when the drug is issued, from the manufacturer, to when it gets into the hands of the consumer.

In particular, those who can be held liable for carelessness include: the pharmaceutical company, a pharmacist, and a doctor. In order to seek the appropriate compensation, you’ll want to identify where your prescription drug error occurred.

Pharmaceutical companies may be held accountable when there was a mistake that occurred during the manufacturing process, if they fail to label or disclose the side effects, and if the company uses false advertising to sell their products.

It’s important to understand that pharmaceutical companies cannot be held liable for health complications that arise from unavoidable unsafe products if they are appropriately manufactured and the company provides the appropriate warnings to the consumer before use.

A pharmacist can be held accountable if it was their error that led to any type of physical or mental injury. For example, the pharmacist may improperly fill out your prescription, which could cause you to take too much of the drug at any one time.

A doctor may be held accountable if he or she was to prescribe you with the wrong medication. Even if the doctor were to prescribe the right medication, he or she could be held liable for any complication you experience if the wrong dosage was assigned.

Summary: The liability is placed on the person or company who was responsible at the time the mistake was made. If the drug product was tampered with during the manufacturing process, the pharmaceutical company would be held accountable for your drug-related injuries. However, if your complications were due to mistakes with the prescription, a pharmacist or doctor could be held accountable.

Steps Needed To File A Pharmaceutical Liability Claim

If you believe you do have a pharmaceutical liability claim, there are steps you need to take to make sure it’s properly filed. First, you must prove that you have suffered health complications as a result of taking the drug.

Second, you must prove that the drug was defective, lacked proper warnings, or the prescription was incorrect. Third, you must prove that the defect caused your health injuries. Lastly, you must prove that you were using the drug as it was intended to be used.

Be aware that you must file a liability lawsuit within a certain amount of time. Consult with an experienced attorney to help you regarding the statute of limitations for your particular pharmaceutical liability claim.

Summary: To file a pharmaceutical liability claim, you will need to make sure your lawsuit falls within the statute of limitations. If you meet the time limit requirements for filing a claim, you will need to be able to prove that you experienced the health complications through no fault of your own.

Contact An Experienced Law Firm To Handle Your Pharmaceutical Liability Claim

If you have a pharmaceutical liability claim, you need experienced representation who knows the Texas justice system to plead on your behalf. Your attorney can help you understand your rights to seek compensation for any health complications you may have experienced as a result from taking prescription drugs.

It’s important to get the right professional representation, particularly when it comes to defending your health. Contact us or reach out by phone at (713) 393-7788 to speak directly with a knowledgeable attorney today to discuss your options and protect your rights. Follow us on Facebook for the latest news and updates!