People trust over-the-counter medicines and medications their doctor prescribes because research, clinical trials, and government oversight should have ensured they are safe. Many pharmaceutical drugs save and prolong lives.
However, the side effects of many medications can cause patients life-altering harm and sometimes end up being fatal. Some have caused cancer, and others have damaged organs, altered brain chemistry, and fed depression and suicidal thoughts. Personal injury attorneys have brought numerous lawsuits, including class actions and mass torts, against drug companies, physicians, and manufacturers that fail to warn consumers of these dangers.
If a prescribed medication or an over-the-counter treatment has caused you or a loved one harm, our Fort Washington medication error lawyers can fight for compensation through a settlement or verdict, no matter where you live in Pennsylvania.
The Role of the Food and Drug Administration
Drug manufacturers hire scientists to develop medications and subject them to rigorous testing. The federal Food and Drug Administration (FDA) oversees the clinical trials and then continues to collect data after the drugs become available to the public. The FDA keeps tabs on reported side effects and decides whether the medication should have warning labels and what form these should take.
If the danger outweighs the benefits of the drug, the FDA can remove it from the market, although the pharmaceutical company can also voluntarily remove it. The FDA recalls drugs for violating labeling or manufacturing laws, for causing a slight threat to patients’ health, and most seriously, when the drug poses a significant threat or has caused fatalities.
Our Fort Washington lawyers have helped hundreds of consumers like you after defective drugs caused them harm. We can analyze the FDA process of this product and determine where the breakdown in safety occurred.
Negligence Lawsuits
Generally, after filing a lawsuit on your behalf, your attorney must prove to a jury that the defendant was negligent. Pharmaceutical companies have a duty to provide safe products to consumers, and they breach this duty if they launch products that are more harmful than helpful. If a product causes harm to a consumer in a way that was not forewarned, this establishes negligence. If you have taken a drug that the FDA recently recalled, ask yourself:
- Did you take the medication to treat the ailment it is intended to treat?
- Did you take the recommended dosage?
- Were your side effects consistent with those reported on the warning label?
- Did you miss work or incur medical bills because of the medication?
- Have other consumers filed lawsuits citing side effects linked to the drug you are taking?
A medication error attorney from our firm in Fort Washington can examine the evidence supporting your claim and fight for a generous settlement or an appropriate jury verdict.
Consumer Liability
Sometimes plaintiffs bear some responsibility for their injuries; for example, if they did not take the medication as directed or if they took it for a reason other than its intended use. The Pennsylvania General Assembly § 7102, allows a plaintiff suing for compensation to recover a portion of the jury verdict under the system of modified comparative negligence. If the jury assigns you a percentage of fault, your final compensation amount will be reduced by that percent. However, if you are more than 50% at fault, you cannot recover anything.
Our Fort Washington medication error attorneys know that you are under stress while dealing with medical bills and lost wages. If you think you will be assigned any percentage of fault for what happened, we will work with you to make sure it does not derail your claim.
Contact a Fort Washington Medication Errors Attorney To Advocate for You
Medications have dramatically increased the length and quality of people’s lives, but sometimes, side effects mean a product should not be on the market. Some drug companies ignore the signs and leave such medications on pharmacy shelves or fail to issue proper warnings until it’s too late.
If you took medication as prescribed and suffered ill effects, the pharmaceutical company, distributor, physician, or pharmacist could owe you compensation for your losses. Our Fort Washington medication error lawyers are ready to assess your situation and fight for compensation.