Prescription Drug Errors
Central Illinois: Prescription Drug Errors
According to the Department of Health and Human Services, nearly half of all Americans take at least one prescription drug, with one in six taking three or more medications. Prescription drug use is rising among people of all ages, and use increases with age. Five out of six persons 65 and older are taking at least one medication and almost half the elderly take three or more
Adverse reactions to prescription drugs causes more injuries and deaths in the United States than illegal drugs. While it is true that every medication has side effects associated with it, manufacturers of drug products have the duty to design, test, manufacture, and market their drug products in a responsible manner. This includes a duty to inform prospective users of any adverse testing results or serious adverse reactions that may occur while using the drug product. If a manufacturer fails to provide such warnings, it may be liable to patients who were injured based on a product liability theory for providing inadequate warnings.
If you have suffered medical complications or undisclosed side effects from prescription medications or over-the-counter drugs, you should contact your physician immediately, as your health is the most important consideration. You then may need an attorney with experience to advise you regarding your right to recover compensation for medical expenses, lost wages, permanent injuries, and pain and suffering..
Defective Drug Injury Claims
While failure to warn is certainly a common legal theory that holds drug product manufacturers accountable for the products they provide to consumers, it is not the only one. Drug manufacturers can also be held liable for injuries to consumers based on theories of negligence, or even intentional or malicious conduct. The fact that drug manufacturers now heavily advertise their products directly to the consumer via television, radio, or even magazine advertisements increases their responsibility to make sure that adequate warnings are provided so the products are used in a safe manner.
Claims against pharmaceutical companies can be quite complex given the multiple theories of liability and the many regulations that govern the pharmaceutical industry. While manufacturers may actually recall a drug product due to serious adverse effects, it does not necessarily mean that you are automatically entitled to compensation of some sort simply because you have taken the recalled medication. As a plaintiff, you have the burden of proving that the defect complained of actually caused you injury. In addition, injury claims against drug manufacturers are governed by short time limits, otherwise known as statutes of limitations. If your drug injury claim is not filed in the proper jurisdiction within the appropriate time, the claim will forever be barred.
Unfortunately, victims of defective drugs can suffer catastrophic injuries, leading up to and including death. These injuries may result in a long road of expensive and painful treatment protocols. Some examples of the types of damages that may be awarded in a successful pharmaceutical liability claim include:
- Life-care expenses
- Past, present, and future medical expenses
- Prescriptive costs
- Past lost wages
- Future lost wages
- Loss of earning capacity
- Future pain and suffering
- Loss of consortium
As an example, for a number of years we represented numerous hemophiliacs who contracted HIV and other diseases due to the failure of drug companies to treat the factor they supplied to coagulate their blood. We recovered millions of dollars for these unfortunate victims.
If you find yourself in a situation where you feel you have been harmed by a drug product, it is important that you first seek medical attention. It is equally as important that you seek the advice of an experienced pharmaceutical liability attorney in a timely manner so as to avoid having your claim barred by a Statute of Limitations. Call Doyle Law Team for a free consultation to determine if you have a claim for damages against the pharmaceutical manufacturer or another party.