As science has advanced over the decades, the medicine and prescription drugs that are available today are nothing short of incredible. Now, people who once had no choice but to suffer—and perhaps die—from health conditions and chronic illnesses can now live relatively healthy, pain-free, high-quality lives thanks to medical advancements and prescription drugs.
But medications, both over-the-counter and prescription, don’t always help patients as intended. Indeed, some drugs are unsafe and downright dangerous, causing more harm to a patient than anything else. If you have used a defective drug and suffered harm, you maintain the right to bring a lawsuit against the drug manufacturer. At the law offices of Mann & Potter, P.C., our defective drug attorneys can represent you in your claim.
Types of Drug Defects
When a drug causes harm to a patient, it is within that patient’s best interests to consult with a lawyer to determine whether or not the patient may have a cause of action based on the theory of products liability. Typically, a drug-related product liability claim will be based on one of three theories of liability; however, it is recommended that you consult with a lawyer for information that is specific to your case.
- Dangerous adverse events. Despite the rigorous testing that all drugs on the market today, both prescription and over-the-counter drugs, must go through in order to be available to consumers, some drugs are fast-tracked and the side effects of a drug are overlooked. To be sure, even when a drug is properly manufactured, it may have dangerous side effects that outweigh any benefits of using the drug. When side effects are serious and a patient is harmed, a claim may be brought against the drug manufacturer that alleges that the manufacturer knew or should have known of the side effects, yet continued to manufacture and market the drug regardless.
- Warning and labeling errors. Most drugs have side effects, even if the side effects are mild, such as drowsiness. That being said, it is the responsibility of the drug manufacturer to list all side effects and potential adverse effects associated with drug use on the drug, as well as instructions for proper use (i.e. do not use in combination with alcohol). While the benefits of a drug may outweigh the risks associated with the drug, patients still have the right to know what any side effects are. When warnings are missing and labeling errors are made and a patient suffers harm as a result, the drug manufacturer may be held liable.
- Defective drug manufacture. Sometimes, a drug is manufactured incorrectly, making the drug more dangerous than it was intended to be. For example, if something is incorrectly added to the drug, it could be rendered defective. The manufacturer can be held liable for this.
In addition to the use of a drug that is dangerous, sometimes, patients are the victims of medication errors. For example, a doctor may prescribe the wrong medication, a pharmacist may fill a prescription incorrectly, a dosage error may be made, and more. This, too, can lead to serious patient harm.
Complications of Defective Drugs
Defective drugs and dangerous pharmaceuticals can be associated with serious injuries. In fact, drugs ranging from low-testosterone drugs to depression and anxiety drugs to drugs to treat acid reflux and heartburn have been associated with numerous complications, including, but not limited to, an increase in the risk of heart attack, suicide, kidney failure, organ complications, uncontrollable bleeding, and more.
In some cases, the use of a defective drug can lead to long-term harm or disability, high medical bills, a diminished quality of life, a decreased lifespan, or even death. Our lawyers believe that patients who have been harmed as a result of defective drugs should be compensated for the full extent of their medical bills, lost wages, pain and suffering, emotional anguish, and all other noneconomic and economic damages.
Who’s Liable for Harm Caused by Defective Drugs?
Suffering harm as the result of using a medication can be confusing; you surely had an expectation that the drug you were taking would improve your condition, not hurt you. If you believe that you have been harmed as the result of an over-the-counter or prescription drug, it’s important that you meet with an attorney to discuss your case in detail and identify the party who may be held liable. Examples of potentially-liable parties in a defective drug case include the:
- Manufacturer of the drug;
- Doctor who prescribed the drug;
- Hospital that administered the drug;
- Pharmacist who filled the prescription;
- Laboratory where the drug was tested; and
- Anyone else who played a role in the manufacture or distribution of the defective drug.
Why You Need an Alabama Defective Drug Lawyer on Your Side
Bringing forth a successful defective drug claim can be extremely complicated. It is the burden of the plaintiff to prove that:
- The defendant owed the plaintiff a duty of care (to manufacture or distribute a drug that was reasonably safe for use, disclose any risks associated with using a drug, etc.);
- The defendant breached the duty of care owed to the plaintiff (manufactured a defective drug, failed to properly test the drug, concealed defects and dangers, etc.);
- The plaintiff used the drug and suffered harm that they otherwise would not have incurred but for use of the drug; and
- The plaintiff suffered economic damages, noneconomic damages, or both as a result.
Our lawyers know that proving the four elements above is complex, and requires not only medical records of the patient, but also the opinions of various experts. Pharmaceutical drugs companies are represented by aggressive, highly-skilled attorneys who are responsible for protecting the companies from liability; the only way to even the playing field is to make sure that you have an equally-competent lawyer on your side.
Call Our Alabama Defective Drug Attorneys Today
A medical drug that is intended to improve a patient’s condition should never cause an unreasonable amount of harm, yet, unfortunately, numerous defective and dangerous drugs exist on the market today. At the law offices of Mann & Potter, P.C., our defective drug lawyers have the experience and knowledge it takes to hold large pharmaceutical companies liable for your damages. If you have suffered harm, please call our defective drug attorneys today at 205-879-9661, visit our Birmingham office in-person at your convenience, or use the contact form on our website to send us a message and request your free case review.
600 University Park Place,
Birmingham, Alabama 35209
Mann & Potter, PC is located in Birmingham, AL and serves clients state-wide, including communities in Jefferson County, Shelby County, Calhoun County, Tuscaloosa County, Montgomery County, Marion County, Talladega County, Macon County, Marengo County, Greene County, and more.