People rely heavily on medications to address both chronic and short-term illnesses. In many instances, they improve and save lives, or they are the preferred treatment method to avoid invasive procedures, such as surgery. However, no medicine is perfect. Side effects are always a possibility, and sometimes the reactions are so adverse that patients suffer severe and permanent injury, even death.
A Decatur dangerous drugs lawyer understands the complicated landscape of pharmaceutical injury litigation and is prepared to help those harmed collect damages for their suffering. If you or a loved one were harmed be an unsafe medication, speak with an experienced injury attorney right away.
Who Regulates Pharmaceutical Products?
With almost half of Americans taking prescription drugs at any given time and countless others utilizing over the counter (OTC) remedies, a substantial number of people can be exposed to potentially harmful pharmaceutical products. The Federal Food and Drug Administration (FDA) attempts to minimize this risk by providing oversight to the drug industry. The FDA regulates the development, manufacturing, labeling, and distribution of medicines, but that process cannot account for every possible scenario that might jeopardize public health.
Many medications receive approval but still cause grave harm. This list continues to grow, with the most well-known ones including:
- Fentanyl patches
- Talcum powder
Whether the drug injured one person or thousands, legal action may be warranted. When numerous individuals experience the same adverse reaction, claimants may seek to file as a class under 735 Illinois Compiled Statutes 5/2-801. In either case, working with attorneys knowledgeable in this area may place claimants in the best situation to prevail in a dangerous medicine claim.
Grounds to File an Unsafe Drug Claim
Having a negative experience with a drug does not always mean that a patient has a viable legal claim. Side effects and risks are often associated with pharmaceuticals, so patients accept a certain level of risk because they, and their doctors, believe in the benefit of taking the drug.
However, at some point, the risk and resulting harm can categorize a drug as unreasonably dangerous. Drugs can be excessively hazardous if they are not properly formulated or designed, despite government regulation. Sometimes, the formulation may be fine, but something goes wrong during production, and a substandard or tainted product reaches the market. In other instances, problems arise when consumers are not warned or receive inadequate information about potential risks linked to using the medication.
Proving that a medication is legally defective involves a great deal of time and knowledge. With the help of an experienced dangerous drug attorney, claimants in Decatur do not have to worry about pharmaceutical litigation complexities, including scientific documentation review, witness interviews, and intense settlement negotiations.
Potentially Liable Parties
In addition to the company that manufactured the treatment, anyone who participated in getting the drug into patients’ hands may shoulder some responsibility for the resulting harm. This includes:
- Ingredient suppliers
- Testing facilities
Identifying which players in a patient’s treatment plan may bear legal liability is an analysis that faulty drug lawyers in the area undertake regularly. With such legal help, plaintiffs may avoid missing a key defendant.
Seek Guidance from a Decatur Dangerous Drug Attorney
Big pharma and other defendants have teams of well-versed lawyers to fight allegations of wrongdoing. However, this should not discourage you if you suffered a significant injury because you took a harmful drug. With a seasoned Decatur dangerous drugs lawyer on your side, you may be better prepared to take on these industry giants and win. Reach out to schedule your free consultation today.