Bad Drug Lawsuit? What You Need To Know About Your Case

hbs_05You experienced a serious side effect of a drug. Do you have a so-called “bad drug” lawsuit? Is the drug defective?

Today, almost half of all Americans take at least one prescription drug and many are injured by severe side effects of dangerous drugs.

Serious injuries caused by dangerous and defective drugs are on the rise regardless of the actions (or, in some cases, inactions) of federal agencies charged with keeping consumers healthy and safe.

As recent recalls have shown, Food and Drug Administration (FDA) approval doesn’t guarantee that a drug is safe. Anyone who suffered a blood clot while taking the birth control pill Yaz can attest to that.

We’ve all seen the commercials:

“Rare but serious side effects include …”
“Tell your doctor if you experience …”
“Stomach upset”
“Liver failure”
“Suicidal tendencies”

When we pick up our medication, a veritable encyclopedia of possible side effects is stapled to — or shoved into — the bag. Should consumers consider themselves adequately warned? Do you have no case simply because you were made aware of possible side effects? Not necessarily. A legal resolution including compensation for your pain and suffering is still possible.

The FDA tests drugs and approves them prior to becoming available on the market but some drug side effects — particularly long-term effects — can be difficult to determine.  Unfortunately, the rush to get a product on the market as soon as possible often comes at the expense of safety. This is reflected by an increase in the number of recalled drugs in recent years.

Having defective drugs on the market can lead to significant health risks including serious personal injury, disabilities, birth defects and hospitalization.

In simple legal terms, a defective drug means that its potential risks outweigh its possible benefits to the consumer.

Negligence by drug makers has led to some high-profile legal claims in recent years. Too often, hundreds, sometimes thousands, of consumers are injured by a drug before it is recalled. It usually takes several lawsuits and consumer complaints to the FDA to bring attention to a product’s potential downsides and dangers. There have been countless bad drug lawsuits where plaintiffs have been awarded sizable sums of money for their pain and suffering.

Some drugs that are currently (or have been) involved in litigation are:

  • Accutane
  • Fosamax
  • Pradaxa
  • Vioxx
  • Yaz

The list of bad drug lawsuits goes on … into the hundreds, if not thousands. All for the risk of serious personal injury ranging from blood clots or birth defects to internal bleeding or stroke.

Even if a drug is not defective, there are other factors at play when it comes to determining whether or not you have a case against your doctor or drug manufacturer.

Doctors sometimes prescribe medications for off-label purposes. For example, the FDA might approve a drug for minimizing cancer pain, but doctors prescribe it for other types of pain. This practice often has unpredictable results and may result in serious personal injury, pain and suffering.

Not surprisingly, drug companies sometimes market drugs in unethical ways. They may tell doctors the drugs are safer than they are or are safe to use for off-label purposes. The FDA doesn’t have the time or manpower to oversee all marketing efforts.

When performing clinical trials, the FDA may not consider interactions between a drug and over-the-counter drugs, which could result in significant side effects or serious injury.

If you think you were injured by a defective drug, it is important you find an experienced personal injury lawyer like Howard B. Segal to handle your case.

Don’t take on a powerful drug company alone! Experienced personal injury lawyer Howard B. Segal will handle your case, protect your rights and help you get the settlement you deserve.

If you or a loved one has experienced personal injury, pain and suffering from a medication-related mishap, call 484-450-9660 to contact Howard B. Segal or click the button below to schedule a free consultation.

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