The Federal Drug Administration (FDA) constantly approves new drugs and allows pharmaceutical companies to market them to consumers. Prescriptions and over-the-counter medications have done wonderful things and cured many ailments.
Unfortunately, many of them have also seriously injured people who take them, necessitating the need for a personal injury lawsuit. The impact can be devastating when you take a drug and expect it to help you feel better, only to feel worse or become severely ill. If you suffered injuries in this way, contact an Oak Lawn dangerous drugs lawyer right away to discuss your case.
When a prescription or over-the-counter drug causes dangerous side effects and illness without prior warning, the law considers this a dangerous and defective drug. These drugs could cause physical, mental, or psychological injury to the person who takes them.
The damages can often be life-altering and can lead to death in the worst cases. These drugs may have a faulty design or could be the result of some other mistake during production. In some cases, a labeling error is at fault for not warning of side effects. An Oak Lawn dangerous drugs attorney could answer questions about what should actually be considered dangerous enough to warrant a lawsuit.
When filing a dangerous drug lawsuit, there are three categories the claim will fall within. Each category has various requirements that the plaintiff must establish in court.
Defective manufacturing lawsuits occur when there is contamination or some other issue that taints the drugs that the company is manufacturing during the production of the drug. This type of defect typically only causes the drugs that were in production at that time to be defective, not necessarily all that were made previously.
Defective drug design lawsuits occur when there are problems during the formulation and design of the drug. When this type of defect occurs, it affects all drugs manufactured under that design.
Defective warnings or instructions occur when the manufacturer fails to provide adequate instructions or warning labels, and their negligence results in injuries. A defective drugs lawyer in Oak Lawn could help determine under which category a claim would fall.
Understanding the statute of limitations is critical when filing a lawsuit. The regulation sets a time limit for taking legal action, and if the plaintiff does not file the claim before it expires, they could lose their right to collect compensation altogether.
As per 735 Illinois Compiled Statutes § 5/13-212, the claimant has two years to file a civil claim after suffering injuries from taking a dangerous drug, minus a few exceptions. However, it is always best to file a lawsuit as soon as possible and avoid any potential issues.
If you sustained an injury after taking a prescribed or over-the-counter drug, you have every right to hold the pharmaceutical company and manufacturer responsible. Consumers trust drug manufacturers and the FDA to allow safe medicines onto the market to make them feel better. When that trust is violated, someone must be held accountable.
If a negligent manufacturer caused your illness or injuries, contact a skilled Oak Lawn dangerous drugs lawyer right away to schedule an appointment. There are strict court-enforced timelines to adhere to when filing civil claims, so call today to get started immediately.