Under federal law, pharmaceutical manufacturers must test drugs and submit them to the U.S. Food and Drug Administration (FDA) for approval before releasing them to the public. However, even some approved drugs have harmful side effects, often leading to product liability lawsuits. If you or someone you love has suffered injury after taking medication, it is important to understand your rights.
When a manufacturer does not warn the public about dangerous side effects, they may be liable under product liability law. In fact, pharmaceuticals are often the center of product liability lawsuits. As thorough as research and testing can be, sometimes side effects aren’t understood or documented. Product liability law helps to keep people safe by penalizing companies that don’t take the necessary steps to eliminate dangerous side effects or fail to warn people that they exist. Here is a bit of information on how side effects fit under product liability law and what to do when you have suffered ill effects from product liability.
Product Liability Law and a Manufacturer’s Duty to Warn
A pharmaceutical company has an obligation to warn about side effects when they put a drug on the market. It isn’t expected to warn of unknown dangers, but they are expected to be an expert in the field. This means that if a reasonable pharmaceutical company should know that a harmful side effect was possible, they will be held liable even if they didn’t know. Manufacturers also have a duty to keep physicians and the public aware of newly found adverse effects. You know those commercials where the side effects seem to be never-ending? It is the duty to warn those prompts companies to make it clear all the potential side effects the drug can cause.
Types of Pharmaceutical Product Liability Claims
Most drug-related product liability claims fall into one of the following three categories.
Drugs With Dangerous Side Effects
Some approved drugs are effective in treating a medical condition, but could have serious possible side effects. If these side effects cause harm to an individual, it may be possible to file a lawsuit against the manufacturer.
Defectively Manufactured Drugs
If a failure in the manufacturing process causes harmful side effects from a drug, individuals can make a claim against the manufacturer. An example of this would be cross-contamination that occurs when the drug is made.
Marketing Defect Lawsuits
Inaccurate warning labels in marketing, advertising and instructional content may lead to complications when taking a medication. It might be possible to file a lawsuit if inadequate labeling leads to serious side effects.
Experienced Product Liability Lawyer in North Texas
Lucé Law, PC represents victims of defective products, auto accidents, workplace incidents and other wrongful death and personal injury claims. If you would like to discuss a claim, our legal team is ready to help. To reach our McKinney office, call (972) 632-1300 or request a free legal consultation today.
