In today’s society, millions of people rely on prescription drugs to cure their ailments, or even to save their lives. Although prescription drugs are intended to improve a person’s quality of life, some prescription drugs can also be so poorly manufactured, especially if they are counterfeit drugs being sold online, that they cause death. When a defective prescription drug harms a person, that person may have a potential lawsuit against the manufacturer to recover any damages she has suffered.
A prescription drug is medicine that cannot be legally bought without a prescription from an authorized medical professional, such as a doctor or dentist.
Prescription drugs are different from over-the-counter drugs, which can be purchased without any prescription. They tend to be stronger (i.e. more effective) and have more side effects than over-the-counter drugs.
Two common theories prescription drug lawyers normally sue manufacturers on are defective product and failure to warn.
A defective product claim alleges that the manufacturer did not put a safe product on the market and that the product harmed the public. A defective product is one that has either a design flaw (i.e. every single batch of the drugs made is defective) or manufacturing flaw (i.e. only one batch is defective).
A failure to warn claim alleges that the manufacturer knew of the dangers of the drug, and either sold the drug as is and/or did not warn anyone of its dangerous propensities. Manufacturers must conduct years of research on a drug before they can get the FDA’s approval to sell them. During this research period, the manufacturer tests whether the drug is safe. Depending on how dangerous the drug could be, the manufacturer may or may not be able to sell it. However, if the drug only has some semi-unsafe side effects, the manufacturer may sell the drug so long as they give their consumers adequate warnings of the side effects and risks the consumers are taking.
If you suspect a prescription drug has harmed you or a loved one, a personal injury attorney or class action attorney can help you access your damages and sue the manufacturer. Class action suits will not cost you any money, since the class action law firm will cover the filing fees.
Last Modified: 08-01-2016 09:53 PM PDTLaw Library Disclaimer
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