Most people assume that drugs their doctors prescribe or medicines they pick up in a pharmacy will help them, not hurt them. Unfortunately, many medications produce harmful side effects, some of which could be life-threatening or fatal.
If you suffered severe side effects from a medication, a Lake Jackson dangerous drugs lawyer could help you hold the manufacturer responsible for the harm they caused. A talented civil attorney could help you receive monetary damages that would cover all your losses and help you put your life back on track.
Does FDA Approval Mean a Drug is Safe?
Medications must receive the approval of the federal Food and Drug Administration (FDA) before the manufacturer offers them for sale. FDA approval does not guarantee safety, however. It only means that the FDA believes the medication is effective against a particular illness or medical condition and that its benefits outweigh the potential harm to some people.
The FDA bases its decision on clinical data the manufacturer sponsors and pays for. In most cases, if a drug enters the market and harms people, it is because there was inadequate data about the drug’s use in certain populations or over an extended time.
In other cases, manufacturers manipulate study results or hide data that might indicate a medicine could be harmful. A diligent Lake Jackson lawyer could examine the documents the drug company submitted to the FDA and record depositions from people involved in the approval process to determine whether deceit was a factor. If so, the company’s legal position would be significantly weakened.
Manufacturers Strictly Liable for Defective Drug
The Texas Civil Practice and Remedies Code §82.003 makes manufacturers strictly liable when defective products, including medications, cause harm. Strict liability means that an injured person need not prove that the manufacturer was negligent in any way. They need to prove only that the product was defective in its design, manufacture, or labeling.
To prove the design of a medication is defective, you must show that it was unreasonably dangerous for all users, and an alternative, safer formula was available at the time of manufacture. To prove a manufacturing defect, you must show that a flaw in the production or packaging process altered a particular dose or production run of the medication.
Many defective drug cases are based on the adequacy of the label. Drug labels must offer sufficient information about the medication’s risks and benefits, side effects, contraindications, and drug interactions to allow a consumer to make an informed choice about whether to take it. Cases in Lake Jackson challenging the adequacy of drug labels are most likely to be successful if the injured person’s attorney could prove that the manufacturer marketed the drug for a use the FDA did not approve or manipulated data to secure FDA approval.
Limited Time to Take Action in Lake Jackson
As a general rule, injured people have two years to file a lawsuit alleging they suffered harm from a dangerous medication. The clock starts ticking when the person knew or should have known, that the drug caused the symptom, condition, or side effect.
Exactly when the patient should have known a drug caused them harm is often an issue in lawsuits. A Lake Jackson attorney could present evidence showing that the individual consulted medical professionals in a timely manner to determine the harmful medication was the cause of their complaint.
Consult with a Lake Jackson Dangerous Drugs Attorney
Drug manufacturers make millions of dollars every year, selling their products to people who expect to feel better after using them. If a medication makes you feel worse or even produces permanent injury, you deserve compensation.
A Lake Jackson dangerous drugs lawyer has the skills to build a strong case against a pharmaceutical company. Call today to schedule a case review.