Both prescription medications and those available over the counter are an essential part of modern medicine, and many Americans take some variety of pill, supplement, or injectable daily. The makers of these drugs have a responsibility to produce a product that is reasonably safe when used as intended and accomplishes what it purports to accomplish.
Accordingly, any failure on the part of a drug maker to fulfill this responsibility may create legal liability in the event of an injury. If so, a dedicated personal injury attorney from Peachtree Corners could step in to assist you with pursuing compensation.
A Gwinnett County dangerous drugs lawyer could be able to help you if you have suffered an injury or illness after taking a drug as directed. A drug manufacturer may be negligent if they did not submit full testing information to the Food and Drug Administration, if they ignored any FDA demands concerning safety, or if a manufacturing error led to your injuries.
Pharmaceutical companies have the same responsibility as all other product manufacturers—namely, the obligation to produce products that are reasonably safe for use and free from manufacturing defects. All drug makers must submit their products to the FDA for testing, and manufacturers must place labels listing side effects or any potential complications on their product’s packaging.
A drug manufacturer who fails to meet these standards may be legally liable for any damages that result to patients who take the drug. State law dictates that an injured plaintiff may sue the maker for their losses if they can present evidence proving that a defective product design caused their injuries.
Typically, this involves working with a pharmacological expert who could testify as to how the chemistry of the drug presented an unreasonable risk to the drug’s users. A Peachtree Corners dangerous medication attorney could help injured drug takers to examine the reasons for their injuries, discover any negligence on the part of the drug makers during manufacturing or testing, and leverage that information into a claim for damages.
Any person who uses a drug takes a calculated risk. Even seemingly innocuous substances such as aspirin, antacids, or topical creams may prove dangerous if improperly used. More powerful drugs—such as those used for heart health, mental stability, or cholesterol management—may be deadly in case of a defect or improper use.
Defendants in defective drug cases often argue that user error led to an injury. A theory of law known as modified comparative negligence means that a court in any personal injury case may evaluate the actions of all parties and, if warranted, assign blame to a plaintiff for their own injury.
In some cases, the court may adjust the plaintiff’s damages to a level proportionate to their fault in the injury. For example, if a court hears evidence that a drugmaker did not disclose a potential problem with a heart medication that causes a patient’s feet to swell when taken without water, and this injury results in an amputation, that court may examine how long the plaintiff waited before seeking medical help.
Under the Official Code of Georgia §51-12-33, a plaintiff’s recovery in these cases is limited by their own responsibility for the injuries. A dangerous drugs lawyer in Gwinnett County could work to prove not only that the drug maker was negligent in releasing a dangerous product, but also that a plaintiff’s actions in no way contributed to their injuries.
Few manufacturers have as great an obligation to create a safe product as drug companies. Millions of people rely on pharmaceutical products for pain relief, to recover from illness, or to prevent injury, so a drug maker who releases a dangerous product that causes an injury could carry significant legal liability.
A Peachtree Corners attorney may be able to help you if a dangerous or defective drug has caused your injury or illness. They could work to examine the manufacturing and packaging process of the drug maker to see if they fall below the acceptable standard of care, then fight to demand every dollar of compensation to which you may be entitled. Contact a Gwinnett County dangerous drugs lawyer today to learn more.