Prescription and over-the-counter medications are a daily necessity for millions of Americans, and for the most part, these drugs do what they are supposed to do without causing many serious side effects. However, despite rigorous FDA testing requirements and supposedly thorough development cycles, stories come out every year of medications having harmful and sometimes even deadly effects that consumers had no idea were even possible.
Drug companies are supposed to warn both doctors and patients about the potential dangers of their products. As a result, if you suffered harm because of an undisclosed side effect from your medication, it may be time to talk to a Columbia dangerous drugs lawyer. Once retained, your skilled injury attorney could work tirelessly to help you build your case and pursue fair compensation from the drug company whose negligence caused you harm.
Defining When a Drug is Dangerous
From Accutane to Zyprexa, the headlines in recent years have been filled with reports about medications being pulled off the market due to newly discovered side effects and contraindications. However, just because a drug could potentially cause someone harm does not necessarily make it “dangerous” in the context of civil law.
Generally, dangerous drug lawsuits must be based on a side effect or interaction that a drug’s manufacturer either should have discovered with a reasonable amount of testing, or that they knew about but intentionally hid from consumers. The plaintiff must always be seeking recovery for some form of compensable loss, which may include anything from extra medical expenses to physical pain, to loss of enjoyment of life due to permanent disability or disfigurement.
With this in mind, drugs can be dangerous in a number of different ways, including harmful interactions with other drugs, with certain types of foods or drinks, or with a particular condition a patient has. A Columbia dangerous drugs attorney could examine an individual plaintiff’s circumstances and determine whether they might have grounds to file suit for the impact a medication had on them.
Who Could Bear Liability for a Drug Defect in Columbia?
In many situations, drug companies bear strict liability for any injuries that one of their products causes, meaning that they are automatically liable for damages stemming from a hazard that existed when the product in question left its manufacturer’s control. Other times, though, other parties may bear partial or even primary liability for a dangerous drug reaction.
For example, if a doctor prescribes someone a new medication without considering the dangerous interaction it could have with another medication the same patient is taking, they could be liable for the patient’s ensuing damages. In the same vein, any wholesaler, retailer, or individual pharmacist that interferes with a medication after it leaves its manufacturer’s control could be liable for a resulting defect in that medication. Identifying the right party or parties to file suit against is often much easier with guidance from a defective drugs lawyer in Columbia.
Talk to a Columbia Dangerous Drugs Attorney About Filing Options
While medications can do a lot to alleviate illnesses and mitigate chronic conditions, they can also cause significant harm if they interact badly with other medications or with a patient’s own biology. In either scenario, a side effect or contradiction that a drug manufacturer failed to disclose to consumers could be grounds for civil litigation if it causes compensable losses to someone who took the drug in question.
Assistance from a Columbia dangerous drugs lawyer could make all the difference in how your civil case ultimately plays out. Call today to start pursuing a positive outcome in your situation.