July 28, 2017

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Drug Injury Claims

Claims for injuries caused by defective prescription drugs or over-the-counter (OTC) medications fall under product liability. Pharmaceutical companies put profits first, often to the detriment of the consumers that their products are meant to help. If you or someone you love has been harmed or killed by a dangerous medication, you may be able to collect well-deserved compensation. An experienced drug injury attorney from our database can help.

A Recall is Not Necessary for You to Have a Claim

Drug recalls get a lot of attention, but the majority of dangerous medications are never recalled. A recall could strengthen your case it is by no means a necessary element for proving that the drug was defective. Recalls are very rare. In most cases when a problem is even acknowledged by the U.S. Food and Drug Administration (FDA) a less drastic action, such as label change, is taken.

Drug makers have a duty to warn doctors and consumers of the potential side effects their products can cause. Failure to warn is a defect and can be the basis for your lawsuit.

Types of Drug Defects

Failure to warn is the most common defect, but there are some other problems which can cause harm and can be the basis for a pharmaceutical injury claim. Contamination of a bath of drugs can cause serious health problems or death. Contamination is a type of defect which almost always prompts a limited recall if discovered.

Poor labelling or packaging can lead to administration of the wrong dose or the wrong drug. This type of defect can lead to a medical malpractice lawsuit in addition to product liability.

If you or someone you love has been injured by a defective drug, please search our database to find an experienced drug injury attorney. The initial consultation with a drug injury lawyer is free of charge, and if we agree to handle your case, in most cases we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a personal injury lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.