Physicians often order prescription and over-the-counter drugs to help improve a patient’s condition. Instead of always being beneficial, though, sometimes these drugs can sometimes do more harm than good and create additional health problems for patients.
If you suffer injuries as a result of an unsafe medication or because a pharmaceutical company failed to warn about potential risks, you may want to think about calling a personal injury attorney to take a look at your potential for a civil case. If you have grounds to file suit, a Gwinnett County dangerous drugs lawyer could help you seek justice and compensation for the damages you suffered. Call a capable personal injury attorney today and schedule a consultation.
Product Liability Law in Gwinnett County
Many defective drugs that are currently on the market cause a variety of serious complications in individuals, including blood clots and strokes, heart attacks, organ damage, and in some cases worsening depression or suicidal thoughts. Plaintiffs who suffer these or other injuries as a result of a medication may be able to file a lawsuit to recover compensation for their damages, which can include medical bills and lost wages as well as noneconomic losses such as pain and suffering.
When someone suffers injury due to a dangerous drug, they can typically bring a cause of action under the theory of product liability. As per Official Code of Georgia §51-1-11, valid product liability claims stem from injuries caused by consumer goods that were sold despite not being merchantable or reasonably suited for their intended use.
Not only is the person who purchased a dangerous medication able to file a lawsuit, but anyone who consumed it and was injured as a result could have a cause of action. A Gwinnett County dangerous drugs lawyer could help you identify whether your circumstances qualify as valid grounds to pursue civil damages.
Most commonly, plaintiffs in Gwinnett County dangerous drug cases base their claims for damages around legal negligence by one or more people or entities. To successfully recover damages, a plaintiff must prove that the medication they took was defective and unreasonably dangerous because the manufacturer did not exercise reasonable care when producing or testing it, and that it directly caused the injuries they suffered. A plaintiff may also have a valid claim due to a failure of a manufacturer to warn about their product’s potential known dangers.
In order to have a cause of action, an injured party must have neither altered the medication that harmed them in any way before use nor misused it despite instructions detailing proper use. They may also be barred from bringing a claim if they were aware of the dangers of the drug but proceeded to use it anyway.
Statute of Limitations for Gwinnett County Dangerous Drug Cases
In Georgia, personal injury product liability claims must be brought within two years of the time of the injury. In certain situations, the statute of limitations may not begin to run until the plaintiff knew or should have known of the injury. When a plaintiff claims loss of consortium, the statute of limitations is four years.
The state also has a statute of repose that governs product liability case and bars plaintiffs from filing a lawsuit if more than ten years have passed since the product was first sold for use, regardless of when they suffered or discovered an injury that resulted from that product’s use. If you need assistance determining when you must file your case by, a knowledgeable dangerous drugs lawyer in Gwinnett County should be able to clarify for you.
Let a Gwinnett County Dangerous Drugs Attorney Help
If you suffer an injury from taking a medication as instructed, a seasoned Gwinnett County dangerous drugs lawyer could help you pursue compensation from big pharmaceutical companies with expertise, experience, and relentless dedication to protecting you and your best interests. Call today to set up a consultation and discuss your situation.