Every day, millions of people around the country rely on medications for pain management, to treat chronic illnesses, and to help them recover after an injury or surgery. These individuals rely on the competency and ethics of the pharmaceutical companies to produce products that are safe for their intended use. Unfortunately, dangerous drugs often hit the market. A Jonesboro dangerous drugs lawyer could help people who have suffered serious injuries after taking prescription or over-the-counter medications.
A drug manufacturer that allows a dangerous substance to become available for public consumption may be liable for the resulting injuries. These injuries can range from the drug being ineffective for its stated use, to extreme pain after use, to life-threatening complications. A committed personal injury attorney could work to evaluate the drug’s approval process, examine the chemical structure of that substance, and determine whether the manufacturer failed to keep people safe under the requirements of the law.
Drugs That Pose an Unacceptable Risk to the Public
Taking any medication is a personal choice between a patient and a medical professional. Even relatively safe substances such as aspirin or antacids come with potential side-effects that can have a powerful impact on a person’s health. Whether or not to take a drug always involves a consideration of the possible benefits and risks.
To make this decision, patients and doctors rely on accurate data from the drug manufacturers. To place a drug on the market, they must perform extensive tests and submit their findings to the Food and Drug Administration (FDA) for approval. Any attempt to avoid this approval process or provide false information to the FDA can be grounds for a lawsuit.
Can the Design of the Drug Qualify it as Dangerous?
Even if a drug producer satisfies every requirement to receive FDA approval, they might still be liable for an injury. Injured persons may allege that the substance was inherently dangerous. To prevail in these cases, a person must prove that the drug was dangerous because of its chemical composition and that an alternative design would have prevented the injury. A Jonesboro dangerous drugs attorney could provide more information about the legal processes behind holding drug-makers responsible for the injuries that they cause.
What Are the Possible Limitations in a Dangerous Drugs Case?
Lawsuits that allege an injury because of a dangerous drug are often complex matters. The burden falls on the plaintiff to prove that a drug was the source of their injury. This often requires an in-depth analysis of the drug’s chemical composition and the proposal of alternative designs that would provide the drug’s stated benefits without the risks. As a result, it is usually a requirement that injured individuals work with someone who has experience in these matters. A local hazardous drugs lawyer could help to identify potential experts who can testify on the plaintiff’s behalf.
Another barrier that applies to these cases is the statute of limitations, which places a time limit on all claims for compensation following a personal injury. As a general rule, the law says that most people have two years from the date of injury to demand compensation. However, due to the complex nature of many dangerous drug claims, individuals might not be able to make the link between their injuries and a drug for years after the fact. This can extend the statute of limitations, but in no case can a person request payment more than ten years after the product left the control of the maker. Working with an attorney could help to meet the applicable time limits in a person’s claim for damages.
Reach Out to a Jonesboro Dangerous Drugs Attorney Today
Every person who suffers an injury because of the negligence or recklessness of another party has the right to demand compensation. This includes situations where the maker of a drug does not provide a product that functions as intended. To prevail in these cases, the plaintiff needs to show that the drug’s chemical composition was inherently unsafe. They can also argue that the drug maker hid or falsified data that they sent to the FDA.
A Jonesboro dangerous drugs lawyer could help pursue these often-complex cases. They do this by gathering relevant evidence, explaining the law, and seeking out a qualified expert who can work to demonstrate negligence. Call us today to learn more.