Consumers often assume a new drug is safe simply because their physician prescribed it. Some drugs, however, may result in unwanted side effects and require additional medical treatment to correct severe injuries. If you experienced an adverse reaction or were injured due to a prescription drug, a Marksville dangerous drugs lawyer may be able to help.
Pharmaceutical companies often rush through safety testing to release a new drug as quickly as possible. Ignoring the safety of you and your family could make a product maker liable for any injuries and illnesses that result. Allow a diligent personal injury attorney to explain the laws surrounding dangerous drugs and help you works towards a favorable outcome.
Common Drug Injury Causes in Marksville
A drug injury could arise from a variety of situations. Though no two cases are exactly the same, many drug injuries stem from a drug’s dangerous side effects, contamination or defects during the manufacturing process, or inadequate safety warnings or labels.
Multiple parties may be liable when a defective drug hurts a consumer, including the pharmaceutical company, drug manufacturer, or prescribing doctor. After identifying potentially negligent parties, a Marksville dangerous drugs lawyer could help injured consumers hold these at-fault parties accountable for their role in creating, selling, and prescribing a dangerous drug.
For a free legal consultation with a dangerous drugs lawyer serving Marksville, call (318) 777-7777
Defective Drugs and Products Liability Law
The Louisiana Products Liability Act governs claims alleging defective or unreasonably dangerous drugs. While this law allows injured consumers to hold drugs manufacturers liable for the harm a product causes, it falls to the consumer to demonstrate that a characteristic of the drug made it unreasonably dangerous.
There are four basic types of liability outlined in this Act. People injured by a dangerous medication in the State of Louisiana could bring a claim based on:
- Defective composition or construction
- Defective design
- Inadequate safety warnings
- Violation of the express warranty of the manufacturer
There are specific requirements for each type of dangerous drugs claim. Due to the complicated nature of product liability law, seeking legal advice from a dangerous drugs lawyer in Marksville prior to bringing any claim may be helpful. An attorney could explain relevant law, ensure compliance with deadlines for filing, and evaluate damage to help secure full compensation.
Marksville Dangerous Drugs Lawyer Near Me (318) 777-7777
When to File a Dangerous Drug Claims
Louisiana maintains a filing deadline—known legally as a prescriptive period—for claims of dangerous drug injuries. People who wish to receive compensation must file their claim within one year of the date of an injury. Failure to abide by the deadline may result in a plaintiff losing their ability to bring forward a claim for compensation.
However, there are some exceptions to this rule. For example, according to Louisiana Revised Statutes §4:3492, this deadline does not apply to minors or people under the age of 18 who have suffered a permanent disability.
Avoyelles Parish Dangerous Drugs Lawyer
Federal and State Drug Regulations
At the root of all federal regulations on food and drugs manufactured and distributed in America is Title 21 of the United States Code. Title 21 outlines the standards to which food and drug companies must adhere. Some of these provisions include:
- The Federal Food, Drug, and Cosmetic Act
- Adulterated or Misbranded Foods or Drugs
- The National Drug Control Policy
- The National Drug Control Program
In addition to federal safety and health regulations, pharmaceutical companies in Louisiana also have to follow state rules and regulations, many of which are located in the Louisiana Pharmacy Law Book. This encompasses Louisiana laws and provisions concerning pharmacy drugs, as well as controlled substances. Some state regulations and statutes include topics such as the Pharmacy Practice Act, prescription drug monitoring programs, and the trade and commerce procedures for drugs and cosmetics.
Pursuing a Dangerous Medication Claim
Side effects are the most well-known risk factors that make pharmaceuticals dangerous. However, there are also other situations in which a medication could be dangerous. A manufacturing defect, design defect, or failure to warn of side effects could all give a dangerous drug victim in Avoyelles Parish grounds to bring a personal injury claim to action.
Dangerous drug claims are subject to strict deadlines. Under Louisiana Civil Code Article 3492, plaintiffs are required to bring their action for personal injuries within one year of the injury. Dangerous drug injury plaintiffs in Avoyelles Parish could be barred from seeking damages in court if they fail to file their case within the one-year statute of limitations.
Recoverable Damages in Pharmaceutical Product Liability Cases
Plaintiffs may seek economic, noneconomic, and punitive damages in personal injury actions. Economic damages that result from a dangerous drug injury or illness might include medical bills or out-of-pocket expenses, while noneconomic damages could include pain and suffering or emotional distress that resulted from the injury. Punitive damages may also be awarded by the court to punish the defendant for their wrongful conduct. Though they are relatively rare in personal injury cases, they might apply if a pharmaceutical company has conducted itself in a manner that rises above ordinary negligence, and the court feels it is necessary to punish them for their actions.
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Calling a Marksville Dangerous Drugs Attorney for Assistance
The side effects and permanent injuries dangerous drugs cause can have a devastating effect on your life. Fortunately, injured consumers can take action to hold pharmaceutical companies responsible and seek compensation for your injuries.
Though these cases can be complex, a Marksville dangerous drugs lawyer with experience handling product liability claims may be key to recovering damages from the drug companies responsible for your injuries. If you were hurt by a dangerous drug or medication, call today to discuss your dangerous drug claim and learn more about your legal options.