A defective drug could drastically change your life and severely affect your overall health and wellness. We trust medicine to benefit us and improve our health, especially when it’s prescribed by a doctor. Drug companies have a duty to ensure that anyone taking their medication knows what to expect. When these companies fail you and erode that trust, destroying your health in the process, you have every right to seek compensation.
A New Iberia defective drug lawyer can help you with your case against the drug company at fault and hold them liable for any injuries that you’ve incurred.
Drug Manufacturer Standards
Each drug, whether sold over the counter or as a prescription, must pass rigorous tests put forth by the U.S. Food and Drug Administration (FDA), designed to showcase their safety for human consumption. Even with these stringent tests, the medications could still have some adverse side effects. The premise of any drug is that the advantages outweigh the disadvantages when used as prescribed.
Once the FDA approves a drug, the drug company remains liable to safely manufacture the drug to ensure it can be used without harm. If the drug company does not ensure that the formula for each drug is followed correctly during the manufacturing process, it could cause irreversible harm to the individuals taking the medicines.
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What Else Causes a Defective Drug?
There are potentially many factors that could cause a defective drug. Prescription drugs must perform correctly throughout a rigorous testing phase before being available to the public. However, despite these safeguards, there could still be issues with the medicines. Some of the most common causes of defective drugs include:
- Design issues: In some cases, prescription drug testing falls short, or complications with the drug are not taken into account. This often leads to a design defect being passed on to the consumer.
- Contamination: Contamination could cause the drug to be extremely dangerous, especially if the facility manufacturing the medication lacks proper safety measures.
- Incorrect labeling: It’s critical that drug manufacturers correctly label their medications and explain exactly how the drug must be administered. The consumer must know about any potential side effects and risks associated with taking the prescribed drug.
- Pharmacy mistakes: The manufacturer is not always the one at fault for the defective drug. The pharmacy might fill the prescription incorrectly, putting the patient at risk.
Regardless of what caused the defective drug, your defective drug lawyer in New Iberia, LA, can investigate your case until we reach a sound conclusion. It cannot be overlooked that prescription drugs have revolutionized our lives and made us healthier. However, when even a small mistake is made anywhere from the manufacturing process to the pharmacy, it could cause injury or even death.
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What are the Negative Health Effects of Defective Drugs?
There are quite a few negative health effects of taking defective drugs, including:
- Overdose
- Poisoning
- Prolonging your health ailment
- Causing additional health issues
As your defective drug attorney, we can analyze and detect whether the negative effects are due to the drug company’s negligence or a third party.
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Recoverable Damages in a Defective Drug Case
Drug manufacturers are liable under the law to ensure that their products are safe for consumption. If a drug manufacturer is negligent, and you suffer any illness, you have a right to file a claim against them for their negligence.
Some of the damages you could pursue include:
- Medical expenses
- Cost of ongoing care
- Lost income
- Diminished earning capacity
- Pain and suffering
At Laborde Earles Injury Lawyers, we can help you identify exactly what effects the drug caused and decide which damages you’re entitled to. We can collect evidence on your behalf to prove that another party is liable and that you are entitled to compensation for your injuries and losses.
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Louisiana Defective Drug Laws
When an individual files suit due to an injury or illness caused by a defective drug, these are considered civil cases. Regardless of what exactly caused the injury, it remains a civil case. According to RS 9:2800.54, these are often more specifically looked at as product liability cases, meaning that as the plaintiff, you must have clear evidence that an issue occurred during manufacturing, which in turn was the cause of injury.
In Louisiana, the statute of limitation on civil cases is just one year. One year can go by quickly, especially if you’re dealing with injuries or illness. It’s best to act quickly when choosing a lawyer and starting a civil action.
How Can a New Iberia Defective Drugs Lawyer Help?
As your defective drug lawyer, we can hold the drug manufacturers liable for their negligence. We can negotiate with the insurance companies and product manufacturers, investigate your case, compile evidence to prove their wrongdoing, file your case on time, and handle every legal task in your case while you rest and recover.
We can fight for you in court if necessary. Pharmaceutical giants often have big budgets for nimble legal teams to defend them. You’ll want a powerful ally who isn’t afraid to go up against them and fight on your behalf.
Contact Laborde Earles Injury Lawyers Today
It can be difficult to navigate the complexities of a legal case at the best of times. When you’re dealing with unexpected health issues, trying to focus on details can be overwhelming and it can be easy to make a mistake. You don’t have to face this alone. As your defective drugs attorney, we can walk you through the process, providing solid legal counsel every step of the way.
We believe everyone should be able to access legal counsel when they need it, which is why we offer free consultations to begin assembling your case. Get in touch with us today for your free case evaluation.
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