Although medication should make you feel better, it sometimes causes severe side effects that permanently impact your health. Fortunately, drug manufacturers are legally responsible for the impact their products have on consumers.
A Walterboro dangerous drugs lawyer at Whetstone Perkins & Fuld could help if you suffered harm after taking a prescription or over-the-counter drug. In addition, our skilled legal representatives could ensure that pharmaceutical companies are held accountable for their negligence and help you collect compensation from at-fault parties.
What Does it Mean for a Medication to be FDA Approved?
When a manufacturer introduces a new medication to the market, they must first gain approval from the federal Food and Drug Administration (FDA). The FDA will review the company’s data about the drug’s testing. If the data indicates the drug is effective against a specific condition and is more beneficial than harmful, it can approve the medication.
However, it is important to note that FDA approval does not necessarily mean a drug is safe. In fact, the FDA has approved many drugs knowing they cause significant side effects. Sometimes there is an unmet need for a medication effective against a particular condition. If a company develops a drug that seems to meet the demand, the FDA could approve it and require the manufacturer to list the known risks on the label.
Unfortunately, some side effects do not become apparent until a drug has been on the market for several years and thousands of people have used it. In these cases, the FDA may take the medication off the market. In other cases, the FDA asks the manufacturer to revise the label to warn physicians and patients of potential issues. A knowledgeable attorney in Walterboro could use such FDA action as evidence that a drug is unreasonably dangerous.
Proving a Drug Manufacturer Liable
Pursuant to South Carolina Code §15-73-10, manufacturers are liable for any damages a medication causes if it is dangerous when it leaves a producer’s facility. If you suffered harm from a drug, you do not have to prove that a manufacturer was careless, reckless, or fraudulent. Instead, your legal representative must demonstrate that a drug was defective due to the following:
- Poor design, especially if another design would have produced an effective product that was not as dangerous
- Manufacturing flaws in a specific production run or batch
- Incomplete or inadequate warnings that did not effectively communicate the drug’s risks
Often, proving one or more of these elements requires consultations from engineering, manufacturing, and medical experts. In instances where thousands of people suffered a medication-related injury, class action lawsuits or multidistrict litigation, also called mass tort cases, are an efficient way to seek damages. During a consultation, a seasoned attorney in Walterboro could explain whether one of these strategies would benefit your faulty medication claim.
Recoverable Damages in Walterboro Hazardous Medication Cases
A manufacturer that sells a dangerous drug is responsible for paying any losses stemming from the medication, including medical treatment costs, lost income, and future injury-related expenses. You can also seek damages for your physical pain, mental distress, and other long-term impacts of the drug, like shortened lifespan or disability. If the effects of a dangerous drug were fatal, family members could sue for their loved one’s funeral expenses, lost wages, and loss of companionship.
If your local attorney can prove a manufacturer was aware of a medication’s risks, you may be able to claim punitive damages. These damages punish manufacturers for prioritizing their profits over consumer safety.
Reach out to a Dangerous Drugs Attorney in Walterboro Today
Pharmaceutical companies make huge profits. However, when they make money off your injuries, they should be held legally liable for the physical and emotional pain they caused you and your family.
A Walterboro dangerous drugs lawyer at our firm could help you demonstrate that medication was unreasonably hazardous and force the manufacturer to pay for the losses you suffered. Contact our legal team members today to schedule your meeting.