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Counterfeit Drug Injuries

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Counterfeit Drug Injuries

Many people wanting to save money on prescriptions often by prescription drugs online. Since these drugs are not always being distributed by actual pharmacists, they may actually be counterfeit drugs instead of the brand name drugs that the person should be buying. The U.S. Federal Drug Administration (FDA) has warned Americans about the dangers of buying and taking counterfeit drugs.

What Are Counterfeit Drugs?

Counterfeit drugs are defined as medications sold without authorization or approval from the FDA. The drugs can be:

  • Mislabeled
  • Defective
  • Fraudulent

How Can Counterfeit Drugs Harm Me?

Fake drugs can harm an individual in a variety of ways, such as:

  • Having unknown ingredients that may interact with other medications or foods consumed
  • A lower or higher amount of active ingredient of the drug
  • Life-threatening side effects
  • Unpredictable side effects
  • None of the needed active ingredients, which can result in the person not receiving their needed dosage
  • Contaminants such as mercury or lead

What Injuries Can Result from Taking Counterfeit Drugs?

The type of drug injuries depend on the specific fake drug consumed. Injures range from heart palpitations and allergic reactions to strokes or even death. A medical condition can worsen as the result of not getting the needed prescription medication needed.

Is Buying Counterfeit Drugs Online the Same as Buying Illegal Drugs Online?

No. Buying illegal drugs online refers to buying substances deemed unlawful to possess, use, distribute, or sell without a prescription. These substances tend not to include drugs that are prescribed to a person as medicine, whereas counterfeit drugs are represented as being standard prescription drugs.

Can I Sue If I Unknowingly Purchased Fake Drugs?

Yes. You can file a personal injury lawsuit based on negligence. The tort of negligence is a failure to use the amount of care an ordinary person would use in a similar situation. In the case of counterfeit drugs, the seller may be negligent in selling the drugs to you.

What Do I Need to Prove to Win a Negligence Lawsuit?

A plaintiff in a negligence case must prove specific elements:

  • Duty: The seller of the fake prescription drugs, or defendant, owed the plaintiff a duty to protect the plaintiff from harm inflicted by the drugs they sell.
  • Breach of Duty: The seller violated their duty to protect the plaintiff from harm.
  • Causation: The seller’s violation of their duty was the actual and proximate cause of the plaintiff’s injury.
  • Damages: The defendant’s actions led to the specific injuries the plaintiff incurred.

Should I Talk to a Lawyer?

Yes. If you received counterfeit drugs, contact a personal injury lawyer to find out your legal options.

Photo of page author Taelonnda Sewell

, LegalMatch Legal Writer

Last Modified: 09-14-2015 10:57 AM PDT

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