The U.S. Food and Drug Administration is a government agency that is responsible for making sure that safe and effective drugs are available to improve the health of people in the United States. As part of the FDA, the Center for Drug Evaluation and Research regulates over-the-counter and prescription drugs, including biological therapeutics and generic drugs. Consumers often misplace unwavering trust in the FDA in assuming that drugs approved by the FDA are safe and free from any defects. It is important to realize, however, that just because a drug is approved by the FDA that it does not necessarily mean that the drug is safe for consumption or free from defects.
For one reason or another, a drug can be defective and cause serious injuries. If this happens the injured consumer may be able to file a defective drug lawsuit against the manufacturer or distributor. A defective drug lawsuit is a specific type of product liability claim. Defective drug lawsuits can fall under one of three types of product liability claims: manufacturing defects, design defects, and defects in marketing. A product liability claim seeks to hold the manufacturer liable for producing the defective drug and the seller liable for distributing the defective drug.
Over the past few years, several well-known drugs have been the subject of product liability lawsuits, including Lipitor, Vioxx, Prempro, Avandia, Zoloft, Pradaxa, and Paxil, just to name a few. The South Carolina defective drug attorneys at Anastopoulo Law Firm are prepared to help you if you have been injured by a defective drug. Call one of our locations in South Carolina today for a consultation.
We can be reached online or by phone at (800) 313-2546.
What Is Pharmaceutical Litigation?
The pharmaceutical industry develops, designs, manufactures and markets thousands of different drugs for use as medication. These drugs may or may not be approved for use to help certain illnesses and injuries. Numerous laws, however, are enacted to promote the safe design, manufacturing, and marketing of drugs. Despite these laws to protect consumers, pharmaceutical companies (whether knowingly or unknowingly) often do not take adequate protections to design or market their drugs. When this happens, consumers are placed at significant risk from defective or dangerous drugs.
Pharmaceutical litigation involves consumers bringing lawsuits against pharmaceutical companies for injuries suffered as a result of dangerous or defective drugs. Types of pharmaceutical lawsuits include unethical marketing practices, drug safety issues, off-label promotion, and adulterated drugs. Pharmaceutical litigation cases can be prosecuted under a variety of different legal theories, including strict liability, negligence, misrepresentation, fraud, breach of warranty, or failure to warn. It is important to reach out to an experienced pharmaceutical litigation attorney who can help you investigate your case and advise you regarding your legal rights.
Injuries from Defective Drugs
The side effects and temporary or permanent injuries that may result from defective drugs run the gamut from relatively minor injuries to more severe injuries and even death. An attorney experienced with defective drug lawsuits can help you assess your injuries and determine whether you have a legal claim for damages. The type or 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
- In serious cases, death is possible
Damages in Defective Drug & Pharmaceutical Lawsuits
If a consumer is injured by a defective or dangerous drug, there are a variety of types of injuries that the consumer can recover, including:
- Physical pain and suffering
- Emotional pain and suffering, including depression, loss of sleep, and anxiety
- Past and future medical expenses
- Lost wages or loss of earning capacity
In situations where the victim dies, the family may be able to recover for loss of companionship, funeral expenses, and other damages.
Examples of Pharmaceutical Litigation Cases
Over the past decade, the number of pharmaceutical lawsuits has been on the rise. Some of the country’s largest drug makers have been implicated in these lawsuits and have paid out billions of dollars to the government and to consumers in class-action lawsuits. Recent pharmaceutical claims have involved:
- Merck and wrongful deaths of patients from heart attacks and strokes connected who had been taking the painkiller Vioxx
- GlaxoSmithKline and birth-defects connected with pregnant mothers who had been taking Paxil, an antidepressant drug
- Allergan and the company’s off-label promotion of Botox for uses such as headache pain and cerebral palsy
- GlaxoSmithKline and heart attacks and strokes in patients who had been taking its diabetes drug Avandia
Don't Wait to Get Help, Our 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 an experienced defective drug attorney who can help you understand your rights. At Anastopoulo Law Firm our South Carolina defective drug attorneys have extensive experience prosecuting a variety of defective drug lawsuits. 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 at (800) 313-2546 today for help with your defective drug or pharmaceutical litigation lawsuit. Consultations are free.