People take prescription and over-the-counter medication according to their doctor’s orders and the included instructions, trusting that the substances they are putting in their body are safe. Unfortunately, some of these drugs prove dangerous.
If you are living with the consequences of a dangerous drug reaction, you are entitled to seek compensation from the manufacturer. Pursuing these cases can be challenging, but the right legal team could make all the difference in your case. Loncar Lyon Jenkins can offer you a free consultation to discuss working with our dangerous drug lawyer serving Irving, TX.
Building a Dangerous Drug Lawsuit Requires Careful Attention
There is a fine line between an unreasonably dangerous drug and a beneficial drug that has the potential for dangerous side effects. For the purposes of a claim for compensation, you must establish that the drug that harmed you was dangerous in an unreasonable way. Some of the ways a drug could be found to be dangerous include:
- Manufacturing error. Some drugs that are not inherently dangerous could become so thanks to an error during the manufacturing process. Anything from a human mistake to a mechanical failure could render an otherwise safe medication dangerous.
- Design error. Other drugs are inherently dangerous due to their poor design. In some cases, cutting corners on a limited budget could push a pharmaceutical company to release a drug that is unreasonably dangerous.
- Inadequate testing. While every drug must be tested prior to approval from the Food and Drug Administration (FDA), some testing is more thorough than others. If the testing process did not screen a representative sample of the population, it could miss side effects that only impact individuals of certain races, ages, or genders.
- Failure to warn. In some cases, the manufacturer might know of a dangerous drug side effect and simply fail to warn the public. This could be due to oversight or from fear that publicizing the side effect could dampen sales.
- Marketing mistakes. Marketing mistakes involve errors or omissions on instructions or warning labels included with a drug. These marketing errors could make it impossible for a consumer to know how to take the medicine safely.
Often, a thorough investigation is needed to determine the exact cause of a bad drug reaction. When the health consequences that come with a dangerous drug are linked to the manufacturer, a civil lawsuit could be an option.
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Compensation You Can Seek in a Dangerous Drugs Lawsuit
When it comes to dangerous drug injuries, every case is unique. Some reactions to dangerous drugs are mostly a nuisance, while others can have life-threatening complications. Many drugs – even some with a long history of being safe or thoroughly tested—could be unreasonably dangerous. In some cases, a medication that has virtually no side effects for most people could be severely dangerous for specific demographics.
These differences result in a wide range of potential monetary compensation. Some of the damages available in a dangerous drugs lawsuit include:
- Emotional Distress. Severe complications related to a dangerous drug reaction could have a traumatic emotional effect on a person. In some cases, it could shake their trust in medical providers for the rest of their life.
- Medical Bills. Dangerous drugs often require extensive medical treatment which must not only address the issues caused by the dangerous drug but potentially deal with the person’s underlying health problems as well. Medical bills could cover the cost of surgical procedures, follow-up visits, or even physical therapy.
- Lost Wages. If you are forced to miss work due to your medical injury, it could take money directly out of your pocket. You could seek compensation not only for those missed paychecks but for any reduced earning capacity, as well.
- Pain and Suffering. Many medical injuries resulting from a dangerous drug reaction can be especially painful. You could seek compensation for the physical agony and pain caused by these unreasonably dangerous drugs.
It may not be immediately apparent to you how much your dangerous drugs claim might be worth. In the aftermath of a bad drug reaction, it may not be clear just how severe your medical complications might be, either. Over time, your health issues could worsen. A dangerous drug lawyer from our firm could not only evaluate your injury claim but also advise you on your potential future needs as well.
The Time Limit for Filing a Suit
You have the opportunity to pursue legal action against the manufacturer of a dangerous drug, but that opportunity will not last forever. This is due to a legal doctrine known as the statute of limitations.
Like with most lawsuits, injury claims related to dangerous drug reactions must comply with the statute of limitations. If a person files their claim after the statute expires, the odds are good the pharmaceutical company will seek an immediate dismissal.
Outside of some very limited circumstances, the court will grant these motions. For that reason, it is imperative that you avoid any delay in moving forward with your case.
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Contact Our Attorneys for Help Seeking a Monetary Award After a Dangerous Drug Injury
If you are dealing with the side effects of a dangerous drug in Irving, you deserve to be compensated for your injuries. In some cases, these claims can result in significant monetary awards.
Let the team at Loncar Lyon Jenkins review your case and advise you on your legal rights. We look forward to assisting you in pursuing compensation for your injuries. Consider working with a dangerous drug lawyer from our firm and call us right away for a free consultation.