Although many people believe that approval by the Food and Drug Administration (FDA) means that a drug is safe if taken as directed, that is not always the case. Some FDA-approved drugs have been shown to cause permanent and irreversible harm, or even death. If this has happened to you or to a loved one, you could be entitled to compensation for your injuries.
Pharmaceutical companies wield a lot of political and financial clout. Confronting such a powerful entity can be intimidating but you could improve your odds of success by retaining the services of a Bridgeport dangerous drugs lawyer. Trustworthy personal injury attorney George W. Ganim, Jr. can guide you through the process of acquiring compensation for injuries you suffered because of dangerous prescription or over-the-counter drugs.
When Is a Drug Company Liable?
No medication is completely without risk in every circumstance. There will always be the potential for harm to some people when ingesting a foreign substance like a prescription drug. With most medications, the potential benefits outweigh the relatively minor risks.
However, in situations where the potential risks of a medication were not properly investigated or disclosed, or where the manufacturer or seller failed in its duty to the consumer, someone must be held liable. When a patient suffers injuries because of a dangerous drug, a nearby dangerous drugs attorney could determine who may have failed in their duties and can make a case for damages against the responsible parties. That may include the drug-maker, distributor, and seller.
Proving Culpability in Dangerous Drug Cases
An attorney seeking monetary damages for an injured person must show that the drug was defective in some way, and that this defect led to the patient’s injury or loss. There are a few ways that a drug could be defective.
Design Defect
In cases where a drug is unreasonably dangerous to everyone who takes it, an attorney can argue a design defect in the drug. This argument could be successful when the manufacturer did not adequately test the drug’s potential to harm patients, brought the product to market before the long-term impacts were clear, or failed to disclose its known side effects.
Manufacturing Defect
Sometimes a drug is generally safe for use as directed but the particular dose the patient took caused harm. This may be due to a manufacturing defect. Tainted products, flaws in the formulation and shoddy packaging are all manufacturing defects.
Inadequate Label
Manufacturers must provide a label that offers clear directions for safe use and warns of known hazards or side effects of the drug. If the drug’s label is unclear, misleading, or incomplete, an injured patient can sue for damages for failure to warn of the dangers associated with taking it.
Strict Time Limits on Dangerous Drug Actions
Every state imposes a time limit on a person’s ability to sue a potentially liable party for personal injuries. General Statutes § 52-577a says that a plaintiff alleging injuries due to a defective product has three years from the date of the injury to sue. Because some injuries are not immediately apparent, the clock begins to run at the time the plaintiff discovered the injury or reasonably should have discovered it.
Some drug injuries do not manifest right away but develop over time. Although as injured person has three years from date of discovery to bring a lawsuit, there is a ten-year “statute of repose.” That means that a person who discovers an injury more than ten years after taking the drug loses the right to bring a lawsuit. It is critical to file claims on time, which is where a Bridgeport defective drug attorney can be helpful.
Get the Support You Need From a Bridgeport Dangerous Drugs Attorney
Drug manufacturers vigorously defend against suits that their products are dangerous and they might use bullying tactics to force you to accept less money than is fair. A Bridgeport dangerous drugs lawyer can help you avoid those traps and make a strong case for damages in court.
Team up with Attorney George W. Ganim, Jr. who will fight hard to get you every penny you deserve. Place a call for a consultation today.