What to Know About Dangerous Drug Lawsuits - Wormington & Bollinger

What to Know About Dangerous Drug Lawsuits

by Wormington & Bollinger

What to Know About Dangerous Drug Lawsuits - Wormington & BollingerThere are countless types of prescription drugs throughout the world that offer plenty of benefits and aid those suffering from illnesses. In many cases, patients need these medications to live comfortably. Unfortunately, there are some instances when prescription medications can cause serious injuries and, in extreme cases, death. We often think of dangerous drugs as illegal narcotics or illicit drugs, such as marijuana, heroin, cocaine, and many more. However, dangerous drugs, specifically in the vein of this article, can also describe prescription medications.

Every year, healthcare experts engineer, manufacture, and mass-produce hundreds of new prescription drugs throughout the United States. The U.S. Food and Drug Administration (FDA) regulates and approves these new drugs before they reach consumers and patients across the country. While it is true that most prescription drugs offer a host of medical benefits, aiding those living with a wide range of conditions and diseases, all prescription drugs pose some level of risk. That is why all prescriptions come with warnings and strict directions for taking them. However, these prescription medications can cause severe injuries, illnesses, and even death if something were to go wrong. If this were the case, patients may be eligible to file dangerous drug lawsuits.

Hundreds of new prescription drugs hit the market every year. They usually help treat a wide range of conditions and illnesses. However, they still pose risks and can cause illnesses, injuries, and even death. If you were the victim of dangerous drugs, contact Wormington & Bollinger and let us help you through this difficult time.

What Makes a Drug Dangerous?

As we stated earlier, the FDA, specifically the FDA’s Center for Drug Evaluation and Research (CDER), is responsible for approving and regulating all drugs that enter the market and reach consumers. Through this evaluation process, the CDER makes sure there is no dishonest practice involved in these drugs, as well as providing doctors and patients with information about how to use these medications safely. The overall process is to ensure that the drugs work as intended, and their health benefits outweigh the known risks.

Drug companies looking to sell their product in the United States must run tests on their drug to prove it is safe and effective. Once they have completed their tests, they must then send them to the CDER, where a team of scientists review the data and approves the product for sale.

Unfortunately, many things can go wrong throughout this process and during distribution. A dangerous drug has serious side effects or causes severe health complications, injury, or even death for patients who take them. In some instances, these drugs are improperly manufactured or researched. Furthermore, when a drug is “off label,” it means that a doctor or another authorized individual prescribed you medication for a condition other than your own. One in five written prescription is “off label.” By taking these drugs, you put yourself at risk of severe, possibly fatal, side effects.

Common Side Effects and Injuries

When a manufacturer fails to research a drug adequately, they improperly manufacture a drug, or a doctor prescribes medication for a different condition than intended, a patient may experience the side effects of a dangerous drug. Some of the most common side effects of dangerous drug cases include:

  • Nausea
  • Dizziness
  • Diarrhea
  • Irritability
  • Itching
  • Rash
  • Fatigue
  • Lethargy

In some dangerous drug lawsuits, these prescriptions can cause serious illnesses or injuries, including:

  • Cancer
  • Heart disease
  • High blood pressure
  • Diabetes
  • Kidney disease or failure
  • Liver damage
  • Stroke
  • Lung disease
  • Depression or another mental illness
  • Suicidal tendencies
  • Death

In 2019, there were over 2,191,808 adverse reactions to drugs reported in the U.S., according to the FDA. If you or a loved one experiences any of the above reactions to a dangerous drug, seek medical attention immediately. Then contact Wormington & Bollinger and let us help fight for the compensation you deserve.

Filing a Claim

While prescription drugs aim to help those suffering from a wide array of medical conditions, they do come with inherent risks. Often, these risks lead to adverse reactions, including serious illness and injury. When you suffer side effects due to a prescription drug, you may be able to file a dangerous drug lawsuit. The most common categories of dangerous drug lawsuits include:

  • Defective Designs: If a drug is still unreasonably dangerous even when a patient uses it as intended, there may be a defect in its design or formula. These cases are rare because the FDA will not approve drugs with dangerous defects.
  • Manufacturing Defects: Some dangerous drug cases occur when a drug’s design is safe, but something goes wrong during the manufacturing process. A contaminant is often the cause of manufacturing defects.
  • Inaccurate Marketing: All drugs must come with proper warning labels to remind patients of the potential side effects. When they do not or have a misleading label that does not warn the prescribing doctor or patient, you can file a lawsuit. However, you should also know that Texas has adopted the learned intermediary doctrine, which means that the manufacturer’s duty to warn consumers is limited to only warning the prescribing doctor in certain situations. These doctors then take on the responsibility of warning patients.

Liability

Like most product liability claims, you have two years to file dangerous drug lawsuits in Texas, starting on the date you first discover your injury or illness. If you fail to file your dangerous drug claim within the allotted two years, a court will not hear it. By filing the case in the correct time, you can hold those responsible liable.

Depending on the circumstances of your case, the drug manufacturer, the prescribing doctor, the pharmacy, or the testing laboratory can all be held liable. A trusted and experienced dangerous drug attorney can help you find the responsible party to ensure you receive proper compensation.

To ensure that your dangerous drug cllaim is a success, you must be able to prove that:

  • You followed the directions your doctor gave you.
  • An injury or illness was sustained.
  • The drug had a defect or risk that no one warned you about before use.
  • The drug’s defect was the cause of your injury or illness.

Dangerous drug cases are complicated and involve a lot of parties. It is crucial that you know who is responsible for the damages you suffered to ensure you receive the compensation you deserve, which is where experienced dangerous drug attorneys come in hand. Contact Wormington & Bollinger and let us help with your dangerous drug lawsuit.

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