When we get sick or injured, it has become normal to reach for medication that is supposed to make us feel better. Some of these drugs can be selected and purchased almost anywhere, while others are prescribed by doctors.
Manufacturers of pharmaceuticals have a duty to ensure that their products are safe to use as advertised and that the risks involved in taking these products are known to prescribing physicians and consumers. New drugs are evaluated and approved by the Food and Drug Administration, but long-term risks are very difficult to determine during testing.
Many of these products are considered safe and are taken regularly by the sick, injured, and chronic sufferers. Most people trust their medical providers to prescribe medications that will help heal their bodies, but sometimes these drugs are dangerous.
The United States Consumer Product Safety Commission says that approximately 33.6 million injuries and 28,200 deaths are linked to dangerous products every year. A high number of these products are dangerous drugs and faulty medical devices.
The North Carolina Dangerous Drug Attorneys at Tatum & Atkinson Are Able to Help You
If you have been harmed by a dangerous drug, call the knowledgeable dangerous drug attorneys at Tatum & Atkinson to discuss your situation and potentially build a case. Tatum & Atkinson have over 65 years of combined legal experience and know-how devastating suffering harm from a trusted substance can be.
Many victims suffer financially and emotionally on top of their physical harm. Having to deal with a legal battle is stressful, especially after going through a traumatic event.
Dangerous drug claims for compensation are complex and typically include consultations with doctors, engineers, researchers, and other experts. Medical documents will have to be interpreted, and the entire process of how the dangerous drug came to you will have to be investigated.
The Public Has Been Exposed to Dangerous Drugs
Most drugs undergo rigorous testing before being approved for use by the general population. Even after this testing, many drugs have been approved and distributed, only to be withdrawn later with class action lawsuits against the pharmaceutical companies.
The effects of some drugs have been tragic and completely unexpected. If you or your loved one have suffered harm from a dangerous drug, call the dangerous drug attorneys at Tatum & Atkinson at (800) LAW-0804 for a free consultation to discuss your legal options.
Some examples of dangerous drugs that have caused people harm include the following:
- Allergan Biocell Implants
- Belviq
- EzriCare Artificial Tears
- Pentosan
- Tepezza
- Tylenol
- Xeljanz
- Zantac
What Government Agency Is Responsible for Consumer Product Safety in the United States?
The government agency responsible for keeping us safe from harmful products is the United States Food and Drug Administration. This safety commission is meant to protect the general public from serious injury and death from all the products for consumers under their jurisdiction.
These products include:
- Medications
- Food
- Health-related products and devices
Serious injury and death are unreasonable risks that the public should not have to worry about when filling a prescription or buying a medication to make themselves feel better.
The manufacturer or vendor of these consumer products is where the true responsibility lies. Whoever designs, makes, or sells the drugs must ensure the safety of these products.
The pharmaceutical companies are generally the ones found responsible when problems arise, but vendors can be guilty, too. For example, if a drug must be refrigerated and is clearly labeled as needing this temperature regulation, but the vendor puts the product on a room temperature shelf to sell it, that vendor may have made that product unsafe.
You likely have a case against one or more of these entities if you or your loved one have suffered harm from any of the following:
- Defective product design
- Faulty manufacturing
- Unclear warnings about the known dangers surrounding a product
A dangerous drug case may be filed against a pharmaceutical company if any of the following are true:
- The company concealed information about harmful drug implications from the Food and Drug Administration.
- The company did not adequately warn the public about the inherent risks associated with the drug.
- The company knew about a potential risk but allowed the drug to be released to the public.
- The company reasonably should have been aware of the drug’s potential danger before releasing it to be sold on the public market.
- The company did not follow the approved marketing protocols.
Types of Product Defects
According to the U.S. Legal Definitions, a defective product is an imperfection in a product that has a manufacturing or design defect or is faulty because of inadequate instructions or warnings. A product is in a defective condition if it is unreasonably dangerous to the user or to the consumer who purchases the product and causes physical harm.
There are essentially three types of defects that will potentially result in product liability claims. These three types of defects are as follows:
- Design
- Manufacturing
- Marketing
Design
A design defect is a problem in the drug’s design, formula, or blueprint that causes it to be unsafe. For example, a drug that damages the stomach lining should be made with a special coating that prevents the drug from dissolving until after it has passed through the stomach.
These defects should be caught in product testing. When the designer knows about the defects, they weigh their options and either fix the problem or ignore it and hope that the consumer will not have an adverse reaction to it.
Manufacturing
Defects also occur during the manufacturing process. The design of the drug is appropriate in this case, but an error has occurred that rendered the drug dangerous.
Common manufacturing defects involve contamination, incorrect dosages, or improper labeling. For example, foreign particles can get into the drug while it is being manufactured, or it could be made with too high or low of a dosage.
Marketing
Drugs need to be marketed for their specific purpose and should disclose warnings of the potential dangers involved with the expected and reasonable use of the drug. For example, a medication that was designed for an adult should not be used for a child.
The medication should be advertised as being for adults, should display warnings against using it for children, and should include the minimum age allowance.
Can I File a Claim if I Was Injured While Using a Drug?
If you have been harmed by a dangerous drug, a dangerous drug attorney from Tatum & Atkinson will discuss your eligibility to file a claim for damages during your free consultation. The attorney will have to provide an expert’s testimony in order to prove that the drug was defective and that the defect is what caused your injury.
How Will My Dangerous Drug Attorney From Tatum & Atkinson Win My Case for Damages?
The dangerous drug attorneys at Tatum & Atkinson fight aggressively to ensure you receive all the compensation that you are legally entitled to receive. In order to file a product liability claim in North Carolina, the following elements must be proven:
- You were using the drug as it was intended to be used by the developers, and you used it in a reasonably careful manner.
- The drug was poorly designed, defective, dangerous, or did not adequately display warning labels.
- You suffered a provable injury.
- The drug’s defect caused you harm or injury.
How Long After My Injury Can I File a Claim for Damages?
The statute of limitations in North Carolina for dangerous drugs is two years. This means that you have two years from the date of your injury to file a claim to receive compensation for the harm you have suffered from a dangerous drug anywhere in North Carolina.
If you wait longer than two years, you will not be able to recover damages and, therefore, will not be able to file a claim. Your dangerous drug attorney will help you build your case and get you through the filing process, but you should call them right away at (800) LAW-0804 to get started.
Can I File a Negligence Claim for a Dangerous Drug?
A victim is sometimes able to pursue negligence claims against the seller, designer, or manufacturer of the product in addition to the liability claims.
Negligence claims are more challenging than liability claims when it comes to recovering damages. In order to prove negligence, you and your dangerous drug attorney will have to prove each of the following elements:
- The seller or manufacturer had a duty to sell or produce a safe product.
- The seller or manufacturer failed to meet their duty of a safe product.
- The drug’s defect caused your injuries.
- You must have suffered an actual injury or damage from the drug’s defect.
What Can I Recover When I File for Damages Caused by a Dangerous Drug?
As long as you are able to prove that you or someone you love has suffered harm as a direct result of using a dangerous drug through no fault of your own, you are legally entitled to receive compensation for the damages you have suffered. Some of these damages include the following:
- Medical Expenses
- Lost Wages
- Estimated Loss of Future Earnings
- Rehabilitation Costs
- Prescription Medication
- Pain and Suffering
- Wrongful Death
Medical Expenses
You will be fully compensated for all accumulated medical bills along with future medical expenses that you may receive to treat any dangerous drug-related injuries. Be sure to get medical attention as soon as possible after your injury so that you will have documentation linking your injuries to the drug.
Medical expenses are often the most expensive claim and may include:
- Transportation by ambulance
- Emergency department care
- Diagnostic imaging and diagnosis by the radiologist
- Labwork
- Evaluation and treatment by doctors and specialists
- Hospital stays
- Surgeries
- Prescription medication
- Physical therapy
- Rehabilitation
- Specialized equipment you now require, such as monitoring devices
Lost Wages
The time you spend unable to work while recovering from your harm is time that you are not earning your regular income.
You may be using up your allotted sick time or disability, but these often pay a reduced rate and might not last long enough for your recovery. You may lose your job entirely.
You should be compensated for these financial losses.
Estimated Loss of Future Earnings
If you have to work at a reduced capacity due to the harm caused by the dangerous drug, you can claim your loss of future earnings.
Rehabilitation Costs
Depending on the nature of your injuries, there is a possibility that you will require some type of rehabilitation. Physical therapy, chiropractic care, pain management, and psychotherapy are some examples of rehabilitation.
Prescription Medication
The cost of medicines that your doctors prescribe for you because of the damage sustained from the dangerous drug will be reimbursed. This amount includes the cost of medication you will be required to take long-term as long as it directly results from the dangerous drug.
Pain and Suffering
You are also able to claim compensation for non-economic damages.
Harm to the victim’s quality of life must be paid for by the defendant. Harm would include anything the victims can no longer do, such as running, walking, playing with their children, picking up or holding their children, supporting their spouse, or caring for themselves independently.
All pain, the reduction of your enjoyment of life, and emotional distress will receive a value for your compensation.
Wrongful Death
The personal representatives of victims who were killed by the dangerous drug can file a claim for wrongful death. If convicted, the defendant will have to pay monetary compensation to the family or dependents.
Do not forget that the statute of limitations for wrongful death claims states that they must be filed within two years of the victim’s death.
Contact the Heavy Hitters, Your North Carolina Dangerous Drugs Law Firm
The dangerous drug lawyers at Tatum & Atkinson are experienced and will help you determine an accurate assessment of the damages you have suffered. Dangerous drugs have the potential to affect many aspects of your life, including your finances.
Medical bills and rehabilitation are expensive, and you should not have to worry about being able to afford your treatment, medications, special equipment, or other care that you need as a result of a dangerous drug. Our lawyers will make sure your compensation is enough to cover everything you need.
You should not have to fight for what you are legally entitled to receive, especially while you are in recovery. The dangerous drug attorneys at Tatum & Atkinson are aggressive and will not stop fighting on your behalf until you recover everything that is rightfully yours.
If you or your loved one has suffered from the effects of a dangerous drug or if your loved one has died, you should have all the support you can get. For a free consultation about your case, call (800) LAW-0804 today to get your process started.
When we take your case, we will not charge you anything until we win or settle it for you.
