Prescription Drug Lawsuits
Nearly half of Americans have taken at least one prescription drug in the past 30 days, according to the Centers for Disease Control and Prevention. This doesn’t count the many over-the-counter drugs, vitamins, and dietary supplements people take every day.
While the rise in prescription medication use can sound alarming, drugs are often an important solution for managing pain and combating illnesses. Unfortunately, prescription drugs sometimes injure patients. Lawsuits may be brought if a drug was designed defectively, failed to have adequate warnings, or was over-marketed.
It is important to never stop taking a drug without a doctor’s advice. The pages here are informational only. You should not rely on them and speak with a trained healthcare provider about any concerns you have about medications you are taking. If you wish to discuss potential legal options, you should contact a lawyer.
Bases for Pharmaceutical Lawsuits
It is reasonable to assume a drug sold by a pharmaceutical company has been tested for safety and effectiveness. Sometimes risks arise that were not disclosed or that make a product unreasonable dangerous. Here are some other bases for bringing lawsuits regarding pharmaceutical products.
In court, marketing defects are often referred to as a failure to warn. This involves claims that a drug has risks that were not disclosed or that were not disclosed adequately. For example, the scope of the risk was not presented to doctors.
Drug Design Defects
Sometimes the design of a drug is defective. Put simply, the risks outweigh the benefits for at least some patients. There may be a safer, alternative design. A defective drug can cause all types of unexpected side effects, including severe injury and death.
Drug Manufacturing Defects
A defect can also occur at the manufacturing level. Even when the drug is designed to be safe and effective, a mishap at the manufacturer can lead to severe and unexpected side effects.
Who Can Be Held Responsible in Drug Lawsuits
Depending on the type of dangerous drug lawsuit you file, any number of parties can be held responsible.
Manufacturers are often the party held liable in lawsuits related to dangerous drugs. The reason is that the manufacturer has the bulk of responsibility for creating a safe drug for consumers. Contamination or mishaps could result in life-altering consequences for those taking the drugs.
Doctors, nurses, and even pharmacists can also be held responsible in a dangerous drug lawsuit. They could be liable for a failure to warn if they did not inform the patient of potentially dangerous side effects.
A pharmacist may occasionally dispense the wrong medication or fail to inform a patient of dangerous interactions with other drugs. In the past, patients who abused prescription drugs were also able to file claims against pharmacists who dispensed the drugs.
Because the cases often include thousands of plaintiffs, courts will often consolidate them. This makes it easier to try cases and come to terms on a settlement.
Dozens of lawsuits are pending in courts or being pursued by lawyers around the country. Such cases are very difficult because they present complex legal, medical, and scientific issues.
These are drugs KBA or other law firms are investigating.
- Tenofovir (Truvada) (kidney disease and bone injuries)
- Valsartan (liver, kidney, stomach, or intestinal cancer)
- Injectafer (hypophosphatemia (HPP) and severe hypophosphatemia)
This does not mean these drugs are dangerous for all people. No one should stop taking medication prescribed by a doctor without consulting a doctor. Nothing on this site is intended to be advice. Rather, you should speak with a trained, licensed healthcare provider.
You can consult with a lawyer if you wish to explore legal options if you believe you were injured by a product, but in all cases, you should speak with and rely upon medical providers, not websites like this.