Although the pharmaceutical industry is supposed to exercise extraordinary care in ensuring the viability of drugs before they hit the market, mistakes happen. Defective drug lawsuits are a way in which consumers can recoup their losses after taking defective drugs. Many of these suits are considered class action, which means that a large group of consumers joins together and sues a drug manufacturer together. In other cases, the lawsuits must be filed singly.
According to ADrugRecall.com, adverse reactions to drugs are the fourth leading cause of death for Americans. This means that defective drug lawsuits are neither rare nor superfluous given that these drugs are rarely recalled before they cause serious health issues for patients. If you have been affected by one of these medications, suing the manufacturer might be the only way to pay for your medical bills and maintain your quality of life.
What are defective drugs?
Defective drug lawsuits are usually brought against pharmaceutical companies that produce drugs which are harmful to human beings beyond the scope of their warnings. They might produce side effects, for example, that are not listed on the package and which cause serious health defects. Some of these medications have even led to the deaths of patients around the U.S., which speaks to the seriousness of the issue.
How do you know if you’ve taken a defective drug?
Watching the news is the best way to stay safe when you are taking medication. You might learn that defective drug lawsuits have already been filed against the manufacturer of a medication you are currently taking, or you might see that the FDA has launched an investigation. Unfortunately, however, most people only learn that they are taking defective medication when they begin to experience adverse effects. This is why it is so important to visit your doctor if you experience side effects that are not listed on your medication.
When can you file a lawsuit?
Defective drug lawsuits can be filed at any time so long as they fall within the statute of limitations. These vary depending on where you live, so seeking the advice of a competent attorney is advised. You must also be able to prove by a preponderance of the evidence that you suffered ill effects from taking a drug that could have been avoided if the manufacturer had warned you. In all cases, the manufacturer of the drug must have been negligent in putting the medication up for sale.
What type of judgment can you receive?
Punitive damages are often awarded in defective drug lawsuits, as well as compensatory damages, including medical expenses, attorney fees and any other expenses related directly to the taking of a specific medication. The punitive damages are awarded as a deterrent to the manufacturer and can range from a few hundred dollars to several million. This is especially true if the judge or jury feels that the compensatory damages you have requested are inadequate to the suffering you experienced.
Is a class action suit advisable?
There are several reasons to consider a class action defective drug lawsuit, not the least of which being that evidence will be strengthened considerably. If everyone has experienced the same side effects and the same consequences, it is more difficult to chock up the evidence to coincidence or to some other external factor. For example, it is not easy to believe that 10 people from all over the U.S. have had simultaneous heart attacks, strokes or liver failure from an environmental cause.
What evidence is needed?
In order to file defective drug lawsuits, you will need to show the court that you have experienced negative consequences as a result of taking the drug. In most cases, this means disclosing the bulk of your medical records, from tests to ER reports, and might constitute an invasion of your privacy. However, you must be willing to discuss these facts in open court if you want your lawsuit to be successful.
Defective drug lawsuits are not always won, and they can take several years. Unless you are committed to the outcome of the trial, and unless you have sufficient resources to hire a legal team, this might not be the best course for you. Talk to a lawyer about your options before you take any serious steps.
ADrugRecall.com, Quotes and Facts