Understanding Liability for Defective Drugs

If you take a prescription medication, you probably trust that this medication has been thoroughly vetted and safety tested before it ever gets into your hands. This is normally done to keep consumers safe from dangerous drugs. While there are laws in place in Louisiana to prevent the sale and distribution of harmful drugs, sometimes mistakes are made that lead to injuries for victims.

That’s why there are also laws in place that allow injured victims to seek justice for damages they have experienced as a result of negligence in manufacturing of drugs. The liable parties can vary depending on the circumstances of your case and injuries.

For example, if you were harmed by a drug and many others have also experienced similar health issues, the drug manufacturing company could be liable for your injuries.

You could be hurt by a drug that is known to be safe when properly prescribed, but you were harmed because of a defect in the labeling or shipping process. In this instance, whichever company labeled and shipped the medications could be liable for your injuries.

A pharmacist could be liable for your injuries if they accidentally mislabeled a prescription medication.

Parties who could be liable for defective drugs include:

  • Drug manufacturing companies
  • Doctors and healthcare providers
  • Pharmacists
  • Safety labs

How Defective Drugs Can Harm Victims

Medications (whether prescription or over-the-counter) have the potential to cause great harm to your health. The U.S. Food & Drug Administration (FDA) has been tasked with regulating the manufacture and distribution of medications throughout the United States. While rigorous testing is required before drugs go to market, sometimes medications still cause harm to consumers.

Medications can injure victims in a number of ways, including:

  • Improper labeling, causing consumers to take the wrong dose, leading to health issues or even wrongful death
  • Not doing the job they are marketed to do, such as being treated with a cancer drug that does not actually treat cancer
  • Design or manufacturing errors, perhaps harming consumers because the ingredients themselves cause health hazards
  • Interfering with other medications being taken

No matter what caused your injuries, you can seek compensation through the injury claim process. Waiting to pursue compensation for your injuries could result in an inability to seek damages because there are time limitations for filing cases. For instance, the wrongful death statute of limitations in Louisiana is generally two years (CC Art. 2315.2).

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Types of Injuries Caused by Defective Drugs

Imagine you are diagnosed with cancer and are prescribed a medication to treat this serious illness. Now imagine you are given a defective drug that doesn’t do anything to treat you. Your treatment has now been delayed, causing the cancer to spread to other organs, risking your life, health, and well-being.

Defective drugs can cause many health issues for patients. Here are some common types of injuries caused by defective and dangerous drugs:

  • Heart disease and heart attacks
  • Strokes
  • Cancers
  • Organ perforation
  • Breathing difficulty and respiratory issues
  • Internal bleeding
  • Birth defects
  • Deformity

In addition to health issues related to taking defective drugs, some people can be permanently injured or killed.

Losses Associated with Defective Drug Cases

As if experiencing health issues weren’t bad enough, your injuries can also lead to other life-changing losses. For example, if you sustain a heart attack or stroke caused by defective drugs, you could be unable to return to work. This could result in a loss of income, ruining your quality of life.

In addition, health problems can result in expensive medical treatments, physical pain and mental suffering, and an inability to participate in certain activities or enjoy certain lifestyles. Your life could be forever negatively altered. These damages should also be considered when filing an injury claim or lawsuit. Losses you could experience as a result of a defective drug injury include:

  • Adverse health effects
  • Pain and suffering
  • Mental trauma and treatment
  • Loss of income and future income
  • Medical expenses
  • Rehabilitation expenses
  • Lost life enjoyment
  • Scarring and disfigurement

Should You Work with a Defective Drugs Attorney?

Are you considering contacting a law firm but aren’t sure how it can help? A Marksville defective drugs lawyer can help you with your case by doing the following:

  • Analyzing your case to determine your options
  • Being your guide through an intimidating legal process
  • Being your advocate and counselor
  • Investigating your case, gathering evidence, and putting your case together
  • Dealing with insurance companies and communicating with all involved parties
  • Watching out for your best interests
  • Filing claim or court paperwork

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Obtain Legal Assistance with a Marksville Defective Drugs Case

If you are looking into the process of filing a personal injury claim due to harm caused by defective drugs, you should know you don’t have to pursue compensation all by yourself. A Marksville defective drugs attorney can assist you with the legal process involved in seeking compensation for injuries caused by defective medications.

Take a look at what our clients have to say about us. Lawyers at our firm can usually work out a contingency fee arrangement in which you don’t have to pay anything up front for our services; rather, we get paid when you do. Contact Laborde Earles Injury Lawyers to receive a free case consultation.

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