Pharmaceutical companies and drug manufacturers are responsible for ensuring the safety of all prescriptions and over-the-counter drugs. The U.S. Food & Drug Administration (FDA) approves all medications before they are made available for purchase.
Unfortunately, dangerous and defective drugs sometimes make it past the review process and harm consumers. Call a Mableton dangerous drugs lawyer if you need help to recover compensation for injuries and losses. A skilled personal injury attorney could help you navigate the complexities of the justice system.
Most dangerous and defective drugs claims will fall within one of three categories, and a knowledgeable Mableton dangerous drugs attorney could review your case to determine which it may belong to:
A failure to warn lawsuit concerns a manufacturer that fails to warn the public of potential hazards and side effects. You may also sue for failure to warn if the instructions of the product are inadequate.
You may file a defective manufacturing drug claim when a factory error makes the product unsafe for human consumption. Usually, the flaw in these cases only affects the batch the manufacturer is producing at the time of occurrence.
A design defect occurs when there is a flaw in the medication’s constitution (that is, the way it is designed) that affects all the drugs produced according to the design.
After proving the manufacturer’s liability, the court could award damages for the following types of losses:
The award for damages could cover all out-of-pocket and non-monetary damages you suffer because of the dangerous product, which is why the surest path to a favorable outcome is to contact a Mableton attorney with experience handling dangerous drugs cases.
When defective product injuries occur, it is often a challenge to determine whether the manufacturer or the seller is to blame. According to the Official Code of Georgia Annotated § 51-1-11.1, the state assigns strict liability to the medication manufacturer, as they are responsible for the product design, production, and warning label.
In strict liability claims, you may only bring a product liability lawsuit against the producer of the product, not the manufacturer. A lawyer could further explain how strict liability affects dangerous drugs claims in Mableton.
There is a time limit for filing suit against a negligent drug maker. Under the guidance of the Official Code of Georgia Annotated § 9-3-33, you must commence the legal action within two years of the cause of injuries. If you fail to file within this time, you will likely lose the ability to recover compensation for damages.
Dangerous drugs can cause injuries that change the course of your entire life. Medications are supposed to help heal us, so when they instead cause injury and loss, you have every right to hold the drug company accountable.
A settlement could cover all your medical expenses and the time you miss from work while recovering. Reach out to a Mableton dangerous drugs lawyer if you were harmed after taking a medication. Call today to schedule a consultation.