Everyone has a right to expect that the medications their doctors prescribe to them, or they purchase over-the-counter at a pharmacy, are reasonably safe to use as directed and will perform more or less as advertised. While most medicines meet these basic criteria without much issue, there are, unfortunately, new examples every year of medical products that cause serious harm to consumers through undiscovered—or sometimes knowingly undisclosed—side effects.
When you sustain physical harm from taking a medication, and you were not warned in advance about the possibility of experiencing that harm, you may have grounds to pursue civil litigation against the company that makes and sells that drug with the help of a skilled personal injury attorney. However, these cases can be complex even by the standards of other civil claims. Make sure you have a Plainfield dangerous drugs lawyer on your side before trying to take on any pharmaceutical corporation. Call Costa Ivone, LLC to get started.
Dangerous drug claims fall under the umbrella of product liability law, which generally holds companies that make and sell consumer products “strictly liable” for harm sustained by consumers due to defects in a product’s design, manufacturing, or marketing. This means drug manufacturers owe a duty of care to consumers and can be held liable for failing to design a safe product, failing to manufacture a drug in sanitary and safe conditions, or failing to notify consumers and doctors of dangerous side effects.
However, cases built around defective drugs are somewhat unique because of the additional leeway that drug companies are given from legal scrutiny and civil liability in certain contexts. For example, the Food and Drug Administration (FDA) generally must approve new medications before they can be sold in pharmacies or prescribed by doctors. However, numerous loopholes in the approval process can make it move significantly faster and potentially leave more room for error.
It can also be incredibly difficult to hold a drug company liable for creating an “unreasonably dangerous” drug if that drug also functions as advertised and all its known side effects are listed on its packaging. A Plainfield dangerous drugs attorney could provide more specific guidance about how these cases work and how best to approach filing one during a private consultation.
Another major complicating factor in dangerous drug litigation is the fact that most medications are made by massive multinational corporations with millions—if not billions—of dollars to devote to fighting civil claims against them. Even if someone has extensive evidence proving that a drug company should be strictly liable for their injuries, actually getting a positive case result in the face of vicious opposition from that company’s legal team can be next to impossible.
Fortunately, joining forces with other people injured by the same defective drug is often an option through mass tort litigation. Mass tort claims allow people harmed in the same way by the same prospective defendant to pool their resources and pursue compensation as a group rather than by themselves. Once again, a dangerous drugs attorney in Plainfield could discuss options for joining or starting such a claim during a confidential meeting.
Taking on a pharmaceutical giant is an immensely intimidating prospect, even if you know they manufactured and sold a drug that caused you severe harm. Fortunately, there is help available from dedicated legal professionals with years of experience fighting—and winning—on behalf of people like you.
A Plainfield dangerous drugs lawyer from our team could work tenaciously on your behalf to get you the restitution you deserve. Learn more by calling Costa Ivone, LLC today.
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