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Thanks to modern medicine, people are living longer, healthier lives. Medicines are approved by the Food and Drug Administration (FDA) after undergoing extensive safety testing and drug trials, but even with oversight by experts, plenty could go wrong. A trustworthy personal injury attorney is available when you are harmed and need to address your losses.
Thousands of people have been impacted by harmful side effects that were not warned about, carcinogens the manufacturer knew about but ignored, and sloppy production methods. If you are injured after using a prescription or over-the-counter medicine, a Beech Grove dangerous drugs lawyer could help you get compensation from the negligent parties.
Pharmaceutical manufacturers hire scientists to develop medications that cure a litany of ills, from acid reflux to cancer. The government requires these medicines to undergo rigorous testing followed by clinical trials using real patients who are monitored and studied by the FDA.
Even after the drugs are made widely available, the FDA continues to monitor the drugs and collect data about recurring side effects and other complaints. As long as the drug’s benefits outweigh the negative effects, it will remain for sale, with the addition of a warning label. Otherwise, dangerous drugs are removed from the market.
Pharmaceutical companies can take the initiative to remove a dangerous drug from the shelves, or the FDA can order it. For example, in 2010, Pfizer Inc. voluntarily withdrew its bone marrow cancer drug Mylotarg from the U.S. market after the FDA requested it when ongoing clinical trials failed to show a benefit to patients. A dangerous drugs attorney in Beech Grove could assess a person’s claim and seek a damages award.
Cases proving drugs are dangerous and cause harm are rooted in negligence. Defendants can include the manufacturer, prescribing doctor, pharmacist, or others in the chain of distribution.
Plaintiffs must show four elements of negligence to prevail in a dangerous drug lawsuit: duty, breach, causation, and damages. The pharmaceutical company has a duty to offer a product that is safe, and performs as the consumer expects and the manufacturer intends. A breach occurs if the manufacturer fails in that duty to offer a safe drug. If someone is harmed, they must show the nexus between the drug and their injuries.
While some people may suffer injuries, some will not. Lack of proof for any of the elements of negligence could cause a negligence claim to be unsuccessful.
In determining who or what entity may be at fault for a dangerous drugs injury, plaintiffs should ask themselves:
A dangerous drugs attorney in Beech Grove could scrutinize evidence to build a case for negligence against all appropriate defendants.
An incredible array of prescription and non-prescription medications have increased life expectancy worldwide. However, there could be negative side effects and deadly consequences from dangerous drugs.
Human error or greed can be a factor in production. Our attorneys are available to help you establish why and how you were harmed by a medication you used as directed. The pharmaceutical or manufacturing company, distributor, physician, or pharmacist may be liable for compensating you for your financial, physical, and emotional losses. Contact a Beech Grove dangerous drugs lawyer for a free consultation.