The Food and Drug Administration (FDA) has a stringent approval process that manufacturers must follow before approving a medication for its intended use. There are many reasons a prescription drug could be dangerous, including problems that develop outside of the medical trial period.
Similarly, the FDA may approve a medication for a specific purpose, but healthcare providers may prescribe it for off-label uses.
You could have a legal claim if you have suffered harm from a medication. While manufacturers are typically the primary defendants in these cases, other parties, like doctors and pharmacists, may also bear liability. If a doctor prescribes the wrong dosage or if the pharmacist fills the wrong drug, they may be liable for injuries that result.
To understand your options, contact a Marion dangerous drugs lawyer. Our experienced personal injury attorneys could help with your case.
State Laws on Dangerous Drug Lawsuits
South Carolina law allows people injured by dangerous drugs to file product liability lawsuits against manufacturers, distributors, and sometimes third parties—like doctors and pharmacists—depending on their role in prescribing or dispensing the medication. Injured parties may also have malpractice claims depending on the facts.
Understanding Filing Deadlines
South Carolina has time limits on filing a personal injury lawsuit related to defective drugs. The time period may begin to run on the date of injury or, at times, may be tolled until the date the injury could reasonably have been discovered. Depending on the status of the defendant as private or governmental, the statute of limitation may vary but typically is either 2 years or 3 years. Sometimes, these time limits are extended because the injured party is a minor.
The application of statutes of limitation is very complex and depends on the facts of each case. It is very important to seek legal advice quickly after injury as after the period of the limitation has expired, the injured party may be unable to pursue compensation.
Our Marion dangerous drugs lawyers can help you understand these deadlines and make sure your rights are protected.
Comparative Fault
South Carolina applies a modified comparative negligence standard, meaning that if a patient’s actions contributed to their injury, their potential damages may be reduced proportionally. However, the injured party may still be able to pursue compensation if they are found to be no more than 50 percent responsible.
Failure to Warn Claims
In dangerous drug cases, South Carolina may permit claims based on failure to warn. Manufacturers must provide adequate warnings of known risks associated with their products, and failure to do so may form the basis of a lawsuit. The law regarding failure to warn is complex and your rights may be impacted by the actions of the physician prescribing a dangerous drug. Our team of dangerous drug lawyers can help determine if a client qualifies for a claim based on failure to warn or another legal basis.
Weaknesses of the FDA Approval Process
Before releasing a new drug or marketing an existing one for a new purpose, drug manufacturers must conduct studies to assess its efficacy and potential side effects. Efficacy refers to how well the drug works for its intended use. Side effects are unintended impacts outside the therapeutic goal. A medication can have any combination of high or low efficacy and side effects.
Once they have finished their research, manufacturers submit it to the FDA’s Center for Drug Evaluation and Research (CDER), which reviews the data to assess whether a drug’s benefits surpass its risks. There is no universal standard for this—it depends on the condition being treated and the availability of alternative therapies. The CDER is generally more willing to accept severe side effects if the medication has excellent results on a disease with limited treatment options.
CDER does not conduct its own clinical trials and only evaluates the company’s research. This means a company’s research could contain intentional or unintentional errors. Potential unknown risks could go undetected.
Patients who suffer injuries from dangerous drugs may face lifelong consequences. A dangerous drugs lawyer in Marion could help assess the long-term losses you will suffer from your injuries and help pursue fair compensation.
Speak With a Dangerous Drugs Attorney in Marion
Most of the time, if a person experiences a side effect, they stop the medication, and the symptoms disappear. However, some side effects last much longer and do not go away when the patient ceases to take the medicine.
If you have experienced severe, lasting injuries from a medication, you may have legal options under South Carolina law. Schedule a consultation with a Marion dangerous drugs lawyer to learn more about possible remedies.
