It seems like every year several medications are found to be more dangerous than originally realized, which is why a drug injury lawyer is important for protecting consumers and their rights. Pharmaceutical companies are responsible for safeguarding the health of millions of Americans, and when they fail to go through the proper safety protocols, they put many people at risk. Sometimes, this negligence can exist for years before it is understood completely, and pharmaceutical companies often work to keep their bottom line intact by hiding it. Fighting this negligence and a team of powerful attorneys can be a tall task for a victim on their own, which is why many require an attorney’s help to work through the process.
What cases can a drug injury lawyer help with?
Multiple parties may be involved in a dangerous medication claim, though the pharmaceutical company will usually bear the greatest liability. While creating a medication, it must be thoroughly tested to account for any possible side effects. Ideally, this testing is done over years, but most companies rush their products to market without accounting for all possible complications. Also, medications are only approved by the FDA for certain treatments, but pharmaceutical companies often push their products to doctors for use on patients with illnesses not approved.
A drug injury lawyer regularly helps victims file product liability claims or medical malpractice claims. If the pharmaceutical company did not test their product carefully or manufactured it poorly, a product liability claimwould be appropriate. For example, Johnson & Johnson will soon face litigation because it was caught knowingly selling contaminated Children’s Tylenol over the counter. The Tylenol contained iron, nickel, and chromium particles, which are capable of fatally poisoning people. Even after discovering the problem, Johnson & Johnson continued producing the contaminated medication for several more months. This constitutes a breach of duty and is considered a product liability issue.
Sometimes, though, the medication may be safe if it is used correctly, but is misused because a doctor isn’t paying close enough attention. Surprisingly, some doctors fail to check if one of their patients is pregnant or verifying what other medications they may be taking. If the doctor fails to check medical history and does not alert the patient to possible complications, they are acting negligently. During a medical malpractice case, the attorney will call on other doctors and medical experts to help determine whether or not the defendant was behaving negligently. This kind of testimony is hard to procure without a legal professional’s help.
In the past, pharmaceutical companies have been forced to pay out billions of dollars to victims of their unsafe medications. These companies, therefore, have a tremendous incentive to avoid litigation at all costs. Pharmaceutical companies often lie about safety reports, pay off study publishers, or employ teams of attorneys to keep their liability as guarded as possible. That puts most victims at a decisive disadvantage on their own. However, attorneys experienced in this area can even the playing field for the victim, providing expert representation during settlement and trial phases.