When someone takes a medication prescribed to them by their doctor or sold to them over the counter, they expect the drug to help them rather than harm them. Unfortunately, even though pharmaceutical companies are supposed to ensure their products are reasonably safe for consumers if they are using them properly, unknown and undisclosed side effects could make drugs more dangerous than they are supposed to be.
If you suffered unforeseen harm from a medication you took as instructed, you could benefit from speaking with Memphis dangerous drugs lawyer David E. Gordon about your legal options. With help from a personal injury attorney, you could prove that the manufacturer or seller of a drug was negligent and recover fair compensation for all the damages you suffered.
The federal Food and Drug Administration (FDA) is supposed to inspect all drugs, devices, and other medicinal products before they can be sold to the public. However, there are loopholes manufacturers might use to get products to market faster, sometimes to the detriment of public health and safety.
One of the ways in which defective drugs commonly make it into Memphis stores is through the 510(k) process. By submitting an application to the FDA demonstrating that their product is very similar to another product already on the market, pharmaceutical companies can fast-track it past the usual approval procedures.
While this process saves time, funding, and manpower at the FDA, it also potentially lets defective products or goods with unidentified side effects slip between the cracks and cause preventable harm to consumers. Experienced Memphis dangerous drugs attorneys are all too familiar with the injuries these fast-tracked medications can cause, and they could use that knowledge to help an injured individual pursue restitution.
It can be challenging to determine the full impact a dangerous or defective drug can have on someone, especially if they use the medication or product for a long time before noticing its ill effects. Objective economic damages like medical bills, missed time at work, and lost earning capacity could be easier to pursue in some cases, but non-economic damages such as loss of enjoyment of life, loss of personal opportunities, and general pain and suffering are much more subjective to define and could be more difficult to seek recovery for.
Furthermore, it is typically harder to achieve a successful outcome in civil litigation against a huge pharmaceutical company compared to an individual defendant. These companies often launch many products and bring in millions or even billions of dollars in revenue in a year, and some of that income may be designated for retaining legal teams whose full-time job is contesting liability for civil damages.
Fortunately, there is legal precedent if multiple people injured by the same dangerous medical product combine their cases and pursue damages together through a mass tort claim. A seasoned defective drugs legal representative in Memphis could help an individual plaintiff join a case that is already in progress or potentially takes the lead in starting one of their own.
While most medications are safe and vital components of people’s daily lives, dangerous and defective drugs can cause significant harm in Tennessee and throughout the United States. Facing off against a pharma giant in civil court may seem like a daunting prospect, but it is not impossible to recover damages if you have knowledgeable and dedicated legal support.
A seasoned Memphis dangerous drugs lawyer could help you determine what your next step should be and work tirelessly on your behalf to secure a positive resolution to your claim. For more information, call David E. Gordon today.