South Carolina Defective Drugs Injury Lawyer
No one buys or uses prescription medications expecting to be harmed, but the reality is that it can happen at any time. If you or a loved one has suffered a life-threatening illness or injury after using a defective drug, our South Carolina defective drug attorneys at Anastopoulo Law Firm will help you seek damages from the parties who caused your injuries.
You could take legal action against drug manufacturers, pharmaceutical companies, and other liable parties to recover your medical bills, pain and suffering, and more. Our defective drug attorneys will protect your rights and help you pursue the recovery you are due. We can review your legal options during a free consultation today at any one of our South Carolina locations, at your home, or in your hospital room. We will explain the steps to get started on your case.
South Carolina Law Protects Victims in Defective Drug Cases
Defective drug cases fall under South Carolina’s product liability laws. As outlined in S.C. Ann. § 15-73-10 (1), any person or business that sells an unreasonably dangerous defective product to a user or buyer is liable for the physical harm that comes from using that product. A product that does not perform safely when used as intended or in a reasonable way is considered unreasonably dangerous.
This law creates strict liability, which means a seller is responsible for the defective product, regardless of whether they were negligent. In a defective drug case, the company that made the drug would be liable for any of its defects or issues.
A party suing the seller does not have to prove negligence. They only have to prove:
- Who made the product or sold it to them
- The product’s defectiveness
- The injuries they suffered occurred after using the defective product
What Makes a Drug ‘Defective?’
A defective drug is any medication that has more health risks than benefits. This can apply to medications sold by prescription or over the counter. Drugs can be defective in various ways, including in how they are made, designed, or marketed. A defective drug lawsuit, which is a product liability case, can be brought forth for any of these defects, as well as others.
For a free legal consultation with a defective drugs lawyer serving South Carolina, call 803-222-2222
FDA Approval of a Drug Does Not Always Mean it’s Safe to Use
During the past few years, several widely known drugs have been the subject of product liability claims and lawsuits. Medications such as Lipitor, Vioxx, Prempro, Avandia, Zoloft, Pradaxa, and Paxil, are among them, just to name a few.
The U.S. Food and Drug Administration (FDA) is responsible for ensuring that U.S. consumers can access safe and effective drugs they need to improve their health. The Center for Drug Evaluation and Research (CDER), which is part of the FDA, is in charge of regulating prescription drugs and medications sold over the counter, including biological therapeutics and generic drugs.
Consumers often misplace unwavering trust in the FDA in assuming that drugs the entity approves are safe and free from any defects. It is important to realize, however, that just because a drug has FDA approval does not necessarily mean the drug is safe for consumption or free from defects.
South Carolina Defective Drug Victims Can Suffer Various Injuries
When prescription medications on the market are defective, they can cause serious injuries and even death. The side effects and temporary or permanent injuries that may result from defective drugs run the gamut from relatively minor to severe.
Our attorneys who handle defective drug lawsuits can help you assess your injuries and determine whether you have a case for damages. The types of injuries will depend on the drug and the particular person.
Common injuries include:
- Increased risk for heart attack or stroke
- Liver or kidney damage
- Increased blood pressure
- Depression or suicide
- Increased risk for cancer
South Carolina Defective Drugs Lawyer Near Me 803-222-2222
Damages in Defective Drug and Pharmaceutical Lawsuits
How much compensation you can recover in your dangerous drugs case depends on the severity of your injuries and other losses. If a defective drug injures a consumer, they can recover various types of damages, including:
- Past, present, and future medical expenses
- Lost wages or lost earning capacity
- Physical pain and suffering
- Mental and emotional pain and suffering (e.g., loss of sleep, depression, and anxiety)
- Permanent disability or disfigurement
- Reduced quality of life if the defective drug caused physical or mental limitations that affect everyday tasks
- Loss of life enjoyment
- Other injury-related expenses
Our defective drug attorney will review your damages to determine how much compensation you should pursue. Economic damages, such as your medical expenses, have a dollar value attached that we can prove with documentation. Your non-economic losses, however, can be more challenging to calculate. They do not have a dollar amount attached, so they can be difficult to measure. Our legal team can review these losses and assign a value to your case.
You May be Able to Recover Wrongful Death Damages
If your loved one did not survive their injuries after using a defective medication, please accept our condolences. We are truly sorry for your loss. Our team will determine if you can recover damages under a wrongful death action in South Carolina. In situations where the victim dies, the family may be able to recover various awards for:
- The decedent’s final medical expenses
- Funeral and burial arrangements for their loved one
- Loss of the decedent’s financial support
- Loss of emotional support and companionship
- Pain and suffering of surviving family members
How Our South Carolina Defective Drug Attorneys Can Help You
Our firm can manage your entire defective drug case while you recover from your injuries. We know that pursuing legal action while trying to heal from a life-changing accident can add to an already stressful situation. That’s why we are here to help you seek the recovery you are due while holding liable parties responsible for the harm they caused.
Our team has won millions of dollars in case verdicts and settlements on our clients’ behalf. We have more than 25 years of experience in helping clients recover from personal injuries that brought hardship upon them, and we want to do the same for you.
Our defective drug lawyers will do the following in your case:
- Conduct an independent investigation to determine what happened
- Compile evidence to prove the medication’s negative effects on your health
- Demonstrate how the medication affected the quality of your life
- Collect documentation showing your monetary expenses and losses
- Manage communications with all parties in your case, including insurers and lawyers
- Negotiate with all liable parties on your behalf for an appropriate settlement
- Prepare and file a lawsuit with the court if we are not able to settle the case
- Fight for your financial recovery at trial
We Will Take on the Big Drug Makers for You
You are not alone in your fight for compensation over drugs that brought you pain or worsened conditions you may already have. When our firm brings you on as a client, the attorney-client relationship we have allows you to speak with us privately about your matter. What you share with us remains confidential, and we will provide legal advice that ensures your rights and interests are protected at all times.
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You Have Three Years to Take Action in a Defective Drug Case in S.C.
If you want to sue a drug maker in your South Carolina defective drug case, you must do it within three years of the date of injury, as outlined in S.C. Ann. § 15-3-530. If your loved one died after using a defective medication, you also have three years to file a wrongful death action.
We encourage you to take legal action as soon as you can after an accident involving defective medication. It takes time to investigate, collect evidence, and speak with witnesses when building a strong case for compensation. If you do not file a lawsuit by the deadline, you risk losing your opportunity to hold liable parties accountable and collect damages from them.
Proving Liability in Dangerous Drug Cases
Our defective drug attorneys will identify the parties that can be held liable for the harm you suffered after using their dangerous medications. Determining who is legally responsible for your injuries can mean suing multiple parties. Also, who you can sue will depend on the nature of the injuries you suffered. The liable parties in your case could include:
- The drug’s manufacturer
- The pharmaceutical company
- The drug’s distributor
- Hospitals or other medical care centers
- Medical staff
- Testing labs
Proving the Elements of Negligence in a S.C. Dangerous Drugs Case
We will also determine if your situation contains the four elements of negligence that must be present in all personal injury cases:
- The drug manufacturer had a duty of reasonable care to the claimant or plaintiff to make sure its medication was safe to use.
- The manufacturer breached this duty of care in some way.
- Breaching this duty of care caused the claimant or plaintiff’s injuries.
- The claimant or plaintiff must prove the defective product caused their injuries and damages due to those injuries.
We will look at the circumstances in your case and let you know if you can proceed with a case based on these elements.
Our S.C. Defective Drug Attorneys Are Ready to Fight for You
If you have suffered an injury from a defective drug, it is important that you reach out to our defective drug attorneys who can help you understand your rights. At Anastopoulo Law Firm, our South Carolina defective drug attorneys have prosecuted various defective drug lawsuits.
Call Us Today for a Free Consultation
From investigating your claim to litigating your lawsuit, our attorneys will be with you throughout the entire process, helping you fight for the compensation you deserve. Call us today at (800) 777-7777 to speak with our team member about getting started on your case.