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Whether you received care in a hospital or medical facility, or take medication as a part of your daily routine, the expectation is that the medicine works as intended. Unfortunately, defective and dangerous drugs enter the marketplace, make their way into the user’s hands, and cause personal injury.
If a prescription or over-the-counter drug has harmed you, consider speaking to a Michigan City dangerous drugs lawyer about your case. An experienced personal injury attorney understands the trauma of taking defective drug and could help you recover compensation for your growing medical needs.
The United States Food and Drug Administration (FDA) has a strict protocol governing the invention, testing, and approval of new drugs nationwide. The process takes years to complete as the drug proponent moves a drug through the phases of evaluation.
Once the FDA approves a drug, and it enters the market, the FDA retains the right to regulate it. Should problems arise, the recall process, either voluntary or not, begins.
It is wise for prospective litigants to be aware of the various FDA recall classifications. Classifications are designated I, II, or III based on the degree of health hazard posed by the drug at issue. Class III is the least severe, while Class I recalls indicate that an adverse health effect is likely to occur from the use of the drug.
When a flaw or defect is discovered, public warnings are issued to try and curb the effects of the defective drug. If a person is taking a recalled medication, it is wise to consult a regularly relied upon medical professional.
Similarly, it is a good idea to document symptoms and any communications with medical professionals. This could later become evidence in a civil lawsuit. At this stage, a Michigan City dangerous drugs attorney could advise a client about the legal options for seeking compensation.
Unlike other types of civil litigation, dangerous or defective drug cases often involve a nationwide group of victims or plaintiffs. Drug recalls tip-off clients and lawyers that legal action may follow.
Similarly, situated people who took a particular defective drug have essentially the same complaint against a defendant. Instead of hearing each case individually, courts commonly consolidate many individual lawsuits into a class action. A class action that takes place in multiple judicial districts is called multi-district litigation.
Class action lawsuits have are advantageous because they use common resources, may receive media attention, and send a serious message to the responsible drug manufacturer. Plus, class actions generally do not require any overhead from individual plaintiffs. Additionally, a plaintiff represented by Michigan City dangerous drug counsel does not need to proactively litigate themselves in order to become a class member. If the case ends successfully, class members would receive settlement or award funds.
Taking medication often comes with side effects, but undisclosed dangerous side effects would cause anyone to think twice. It could be frightening to deal with a rogue drug that has failed to serve its purpose, or worse. While the effects of defective drugs range in severity, the problems created should never go unaddressed.
Seasoned legal counsel could assist you in putting together a claim stemming from harm a dangerous drug caused you. Contact a Michigan City dangerous drugs lawyer today to get started on your case.