When your doctor prescribes or recommends an approved U.S. Food and Drug Administration medication for you, you expect it will effectively treat your medical condition. Unfortunately, in some cases, defective and dangerous drugs can create even more problems and make current medical conditions worse. If you have suffered an injury from taking a medication, you should consider contacting an Olive Branch dangerous drugs lawyer for advice.
When pharmaceutical companies manufacture and distribute drugs for consumer use, it is their obligation to produce a medicine that does what it intends to and does not cause harm. If a company does make a harmful drug, it could be held liable for any injuries that result. A personal injury attorney like David E. Gordon can help pursue claims based on damages caused by dangerous drugs.
Personal injury claims based on dangerous drugs fall within the category of product liability claims. As a result, dangerous drug claims can take various forms, as enumerated in Mississippi Code Annotated § 11163. If the medication malfunction falls under one of these categories, it could be grounds for a personal injury claim. A dangerous drugs legal advisor in Olive Branch could determine if a case could be brought against a negligent party for failing in one of these areas.
Some drugs are inherently defective due to their design. In this situation, all batches of the drug are most likely faulty and pose a risk to consumers who take them.
In some cases, batches or runs of drugs become defective due to a problem during the manufacturing process. The drug is not inherently flawed, but something happened during the making of the substance that created a defective batch.
A common source of Olive Branch product liability claims based on the usage of dangerous drugs is harm resulting from faulty marketing tactics. Drug manufacturers could fail to adequately warn consumers of the side effects or possible complications of taking their medication. They also may fail to include sufficient instructions about taking the drugs appropriately.
In this situation, the manufacturer provided consumers with an express warranty about the product that it did not meet. Alternatively, a breach of warranty can be proven if factual statements were made that consumers justifiably relied on when choosing to purchase the product.
Unlike many other types of personal injury claims, Olive Branch plaintiffs who have sustained injuries by taking dangerous drugs are not required to prove fault. In other words, the injury victims need not show that the drug companies were negligent when creating the product. The fact that they produced a defective drug, regardless of the circumstance, is enough to establish liability.
In addition to proving that their claims fall within one of the four categories of dangerous drug cases listed above, injury victims must prove that the defective condition of the product made it unreasonably risky for consumers to use. They also must prove that the defective and unreasonably dangerous condition of the product directly resulted in their injuries.
Claims based on injuries caused by malfunctioning medications can arise from both prescription and over-the-counter medications. Physicians may prescribe medications to their patients and can also recommend ones that are available at their local drug store. As a dangerous drugs legal representative in Olive Branch can confirm, both types of medications can lead to severe injuries and grounds for filing a claim for damages.
All too often, drug companies focus on making money for their shareholders instead of producing the safest products for consumers. In their rush to maximize their profits, pharmaceutical companies may cut corners through necessary testing, seeking a fast track for FDA approval, and ignoring potential defects with the drugs. When using a dangerous drug leads to injuries, getting the advice of an Olive Branch dangerous drugs lawyer may be wise. Call David E. Gordon to fight for your rights today.
A successful product liability suit based on a defective drug can help you find financial relief for your injuries and hold a company accountable for their careless behaviors in producing dangerous drugs. Call today to learn more.