When you take a prescription drug or pick up an over-the-counter drug from your local pharmacy, you may trust that it will be safe and help treat the condition you are taking it for. Thousands of people suffer from the adverse side effects of dangerous prescription and over-the-counter drugs every single day.
In many cases, these side effects may not be adequately disclosed in the instructions and warning materials that accompany the drug. These side effects could be long-lasting and severe and treating them may be extremely expensive, potentially putting both your health and finances at risk.
If you have taken a drug and believe that you are suffering unintended side effects, contact an experienced Sandy Springs dangerous drugs lawyer. A skilled personal injury attorney could help fight to get the compensation you deserve. En Español.
How Does a Dangerous Drugs Lawsuit Work?
Patients may believe that lawsuits involving dangerous drugs and other medical devices are always filed as class action lawsuits, where multiple parties band together to sue the same drug manufacturer. If the plaintiffs win, they must either accept and split the compensation award or opt out of the award and try to bring the case individually. This is simply not the case.
While dangerous drug lawsuits are typically filed as individual lawsuits, the courts may consolidate the cases in order to save time. The attorneys representing the individual cases may then work together to prepare the dangerous drug cases for argument in court.
Holding Drug Manufacturers Responsible for Injuries
Drug manufacturers have a duty to ensure that the products they distribute are reasonably safe for consumption and that they have adequate warnings of the potential side effects that may result. When they fail to uphold their duty, a Sandy Springs dangerous drugs attorney could use several theories to pursue a case against the drug manufacturers.
Strict liability is a theory under which the drug manufacturer is held strictly liable for the side effects of a dangerous drug even if that drug manufacturer was not negligent. The basic premise behind these cases is that the drug itself was unreasonably dangerous and should not have been distributed.
Negligence is a showing that the drug manufacturer owed a duty of care to patients taking its drugs and breached that duty by acting unreasonably careless at some point in the drug manufacturing process. This may occur in testing or failing to create proper instructions and warnings for the drug. An experienced attorney may be able to help you determine whether the manufacturer behaved in a negligent fashion while producing the drugs.
Failure to Warn
The drug manufacturer may fail to warn by not including important information regarding the possible side effects of the drug. This could prevent patients from making informed decisions about whether to take the drug.
A Sandy Springs Dangerous Drugs Attorney Could Help
While the theories for holding a drug manufacturer liable for the dangerous drugs it produces may seem simple, these cases could become highly technical and complex. An experienced Sandy Springs dangerous drug lawyer could fight to prove the causal link between the dangerous drug and the illness or injuries you suffered. To learn more about how an attorney may be able to help, call today.