Over the years, several people have been hospitalized due to negative reactions from the medication prescribed to them. In other cases, some are not as lucky. They end up dying before they even understand it is the same medication meant to cure them that instead ended their life. These are some of the hard to believe facts among many people. By principle, pharmaceutical companies are expected to develop drugs that are fit for use. The drugs should also effectively treat or prevent the conditions for which they are licensed.
In terms of these licensing, there are strict federal standards, testing, and regulations that any medication has to satisfy before being given the go-ahead for dispensation. This process takes time and money, with some of them going for as long as over ten years before being considered safe for prescription. This leaves you wondering how defective or unsuitable drugs still find their way in the market. Therefore, you should equip yourself with tips on how to hold these companies accountable for injuries or damages caused to you by their medication.
Can I Sue A Pharmaceutical Company For a Bad Drug?
You would be forgiven for assuming that every drug approved by the Federal Drug Administration (FDA) is safe for use. This belief in the system has led many people to shy away from considering taking legal actions against pharmaceutical companies. However, as things stand, legal actions such as a Truvada lawsuit just prove that human is to error. Even the most reputable regulators such as the FDA can make mistakes.
One fact that should make you confident about suing a drug company is the understanding that the FDA does not conduct independent tests on drugs before approval. Instead, it relies on the submitted test results by the pharmaceutical company to determine the safety and effectiveness of the said drug. Moreover, the fact that a pharmaceutical drug has been approved for use does not mean that they are free from scrutiny. Some of the major side effects that have led to drug companies being successfully sued include:
- Cardiovascular effects
- Kidney failure
- Birth defects
- Anaphylactic shock
- Nervous and brain system disorder
Types of Prescription Medication Liability Claims
There are many grounds that you can base your lawsuit against a pharmaceutical company. They include:
Defective Drug Manufacturing
This lawsuit is geared towards holding the drug company accountable for the manufacturing of defective products. This entails possible errors or oversight when producing a given medication. The contention here will be proving that the errors caused the produced batch to cause fatal side effects on the consumer.
Defective Drug Designs
Such a lawsuit occurs when a given medication has more side effects than the potential benefits to the consumer. The idea is that manufacturing has been done correctly but the ingredients used have been causing much harm to the consumers.
Negligence of the Company In terms of Drug Labelling / Marketing
This is a common foundation for lawsuits against pharmaceutical companies. It occurs when the company fails to indicate all the side effects associated with drug use. You can also sue if the company fails to provide special instruction/ warnings for when using the drug. For example, certain users of Baycol medication successfully sued Bayer for failure to indicate the possible risk of developing muscle and nerve disorders after using this drug.
In summary, you need to understand that it is possible for the FDA to make some errors when approving certain medications. This may be attributable to the fact that they do not conduct their own independent tests for the drugs seeking approval. Therefore, if you feel that a given medication has had adverse reactions on you, it is important to consult an attorney to look into the claim.