Can You Sue for Drug Side Effects?

March 17, 2021 Drug Injury

Can you sue for drug side effects? The answer is “maybe.” Whether you can sue depends upon all the facts of your case. Many over-the-counter medications and prescription drugs have side effects. Sometimes these side effects are very minor and don’t cause injury. But when drug side effects cause serious or long-term harm, you may have a possible lawsuit. Just some of the deadly side effects from prescription drugs are blood clots, cancer, seizures, stroke, organ damage, heart attack, and Stevens-Johnson Syndrome (SJS), which is a potentially life-threatening reaction to medication that affects the skin and mucous membranes.

Federal statistics highlight just how dangerous medications can be. According to a study by the Agency for Healthcare Research and Quality, every year approximately 4.5 million people in the U.S. go to emergency rooms or visit their doctors because of drug side effects.

Speak to an Attorney If You are the Victim of Dangerous Drug Side Effects

If you believe that you were injured by a drug’s side effects, it’s a smart idea to speak to an attorney who is experienced in handling drug injury cases, including pursuing a drug injury lawsuit. Proving drug injuries isn’t easy. Lawyers who have a background in taking on drug companies and others in the medical establishment know what evidence is needed in these cases and may be able to get you compensation for your injuries.

Can You Sue Drug Companies and Get Compensation?

To successfully sue a drug company and get compensation, you and your attorney will first need to show that you were actually injured. Then you’ll need to prove that it was their drug that injured you. And you’ll have to show that your injury was due to one of the following things related to their drug:

  • A defective design — This is typically when the drug’s formula is poorly designed, causing side effects that outweigh the medication’s benefits.
  • A manufacturing defect — During manufacturing, the drug’s ingredients were contaminated or the drug was otherwise compromised, causing injuries.
  • Inadequate warnings — The packaging didn’t warn about possible side effects or give proper usage instructions.

Big Pharma companies have highly paid lawyers with substantial resources to mount the strongest possible defense to lawsuits. To help understand the viability of your potential claim(s), it’s important to speak with an experienced drug injury lawyer.

How Much Money Can I Get in a Drug Side Effects Claim?

What you may get for your claim will be based on how badly you were injured and how negligent the drug manufacturer was in designing, manufacturing, or marketing their drug. Lawsuits against drug makers ask for compensation based on certain damages. Typical damages that may be claimed in drug side effects lawsuits include:

  • Payment for medical treatment of your injuries
  • Reimbursement for lost wages if you missed time at work
  • Compensation for lost earning capacity if you can’t work in the future
  • Pain and suffering for physical pain and emotional trauma
  • Wrongful death damages if your family member died from a drug injury.

People who are injured by dangerous drug side effects may face expensive life-long health issues. The money from a drug side effects claim can often make the difference between financial stability and financial ruin. You shouldn’t hesitate to explore your options when you’ve been hurt from side effects caused by a defective drug.

Can You Sue for Recalled Medication?

If you were harmed by a recalled medication, you may be able to sue and get compensation for your injuries. Drug recalls happen in a couple of ways. They may be ordered by the Food and Drug Administration (FDA) or the drug maker may voluntarily recall their product when there are serious …

  • Safety concerns about a drug and its dangerous side effects
  • Contamination concerns during manufacturing or packaging
  • Labeling errors including not listing possible side effects
  • Branding and marketing concerns, including false and misleading statements that have been made about a drug’s effectiveness or uses.

There are thousands of drug recalls in the country each year. These drug recalls can lead to class action lawsuits if numerous people have suffered the same or similar injuries.

What are Class Action Drug Injury Lawsuits?

Sometimes in drug injury cases, class action lawsuits are brought against drug manufacturers. Class action lawsuits may arise when multiple people face the same or similar serious side effect injuries from a drug. In a class action suit, all the parties who join the lawsuit will divide the potential award. An attorney can advise you about your possible options and whether it makes sense in your case to join a class action suit or to pursue your own drug side effects suit.

Who Else Can Be Sued in a Drug Side Effects Claim?

It isn’t only drug companies that may be liable in drug side effects claims. While most doctors and other healthcare providers strive to provide good care, when overworked and overstressed providers make negligent mistakes regarding drugs, they can injure patients. For example:

  • Doctors may be to blame if they knowingly or carelessly prescribe drugs that can negatively interact with other drugs their patients are on.
  • Doctors may be liable when they prescribe drugs without informing patients about potentially serious side effects.
  • Pharmacists and pharmacies may be named in lawsuits if they fill prescriptions without describing serious side effects or don’t provide drug literature that discusses side effects.
  • Hospitals may be to blame if they administer medications that result in serious side effects.

These are just some examples of who may be liable in drug side effects cases, in addition to or instead of drug companies. Sometimes more than one party may be held responsible in lawsuits.

Contact Our Experienced Houston Drug Injury Lawyers for Help

If you’ve been seriously harmed or lost a loved one because of the side effects of a prescription or over-the-counter drug, we may be able to help you get compensation. Call the Terry Bryant accident and injury law firm today at (713) 973-8888 or toll-free 1 (800) 444-5000 to schedule a free consultation with one of our experienced drug injury attorneys. Once we learn all the details of your case, we will advise you about your possible options.

Attorney Terry Bryant

Attorney Terry BryantTerry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]

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