You might have a claim for financial compensation if an over-the-counter or prescription medication that you took caused a side effect or adverse outcome. Drug manufacturers have a legal obligation to make sure that their products are not harmful to consumers. Every type of medicine has some side effects, but if a medication is unreasonably dangerous or if the manufacturer does not warn people about known adverse outcomes, the drugmaker can be liable for a drug user’s injuries.
Defective drugs can cause severe injuries, lifetime impairments, and even death. If you got hurt or a close loved one died because of a dangerous drug, you do not have to take on the drug manufacturer by yourself. A Franklin defective drug lawyer at The Cochran Firm – Nashville may be able to help.
Most Franklin defective drug lawyers do not require any upfront legal fees to get started with your defective drug case. Lawyers generally handle these claims on a contingency fee basis, which means that they get paid from settlement proceeds at the end of the matter. Please feel free to call The Cochran Firm – Nashville at (615) 651-7451 for a free consultation. There is no obligation.
Factors that May Make a Drug Defective
Drugs are deemed defective for numerous reasons. Five possible ways that a drug becomes defective include the following:
The drug became contaminated from a dangerous substance in one of its components. This circumstance tends to happen when the drug maker buys a component from a third party, who sold the manufacturer tainted goods.
Manufacturer or Drugmaker Failure
The manufacturer did not perform adequate testing to discover adverse side effects for the general public or specific groups—like people with diabetes or kidney disease. When a drugmaker rushes a product to the market, the result can be devastating. Typically, the Food and Drug Administration (FDA) requires clinical trials over several years before a company can release a product for sale. Sometimes, drugmakers shorten the process.
Manufacturer or Drugmaker Negligence
The manufacturer disregarded the known dangers of the drug. Once a product is released on the market, consumers might experience and report side effects and other problems with the drug. At that point, the drugmaker can become aware of the dangers. If the manufacturer fails to take appropriate action to protect consumers from harm, the corporation can be liable.
The drugmaker could have failed to warn of known risks and side effects. A consumer cannot make an informed decision about whether to take a particular type of prescription or over-the-counter medication if the manufacturer does not warn about known adverse outcomes.
The drugmaker cut corners and used lower-quality chemicals or manufacturing processes. After getting FDA approval, a manufacturer might have tried to lower production costs and increase profits by substituting inferior chemicals or altering the method of manufacture. When these changes harm people, the drugmaker can be liable for the consequences.
Inadequate labeling, particularly with regard to a warning of adverse reactions and those who should not take the drug, can lead to harm. FDA labeling rules say that the packaging of medications should contain enough information to educate a potential consumer about complications of using the product, harmful interactions with other drugs and substances, and specific groups of people who are at high risk of harm if they take the drug.
These are but a few examples of ways in which a prescription or over-the-counter medication can be defective.
For a free legal consultation with a defective drug lawyer serving Franklin, call 615-651-7451
How Product Liability Law Applies to Defective Drugs
Over-the-counter and prescription drugs are products and subject to the same legal standards as other items. The central tenets of product liability law are that:
- A manufacturer has a duty to make sure that its products are not unreasonably unsafe when used as directed.
- The maker has a duty to warn of known dangers.
- The manufacturer must provide adequate instructions and labeling.
When a drug maker fails to live up to any of these three elements, and someone suffers harm as a result, the manufacturer can be held accountable. A Franklin defective drug lawyer could help you pursue compensation. You can call The Cochran Firm – Nashville today at (615) 651-7451 to get started.
Franklin Defective Drug Lawyer Near Me 615-651-7451
We May Help You Determine How You May Have Been Injured By a Defective Drug
Some people might think of a drug side effect being merely indigestion or a skin rash. In reality, defective drugs can cause significant medical issues, including:
- Hemorrhage/internal bleeding
- Heart attack
- Brain damage
- Diabetic coma
- Metabolic crisis
- Organ failure
- Reaction with another drug
If you do not see the type of harm you suffered on this list, do not worry. We may evaluate whether a defective drug was the likely cause of your injury or illness.
Damages in Defective Drug Cases
The amount of compensation one may be able to pursue in a defective drug claim will vary from one case to the next. Each person’s injuries are unique. Two people who took the same medication could have quite different adverse outcomes.
An attorney will be able to estimate a fair settlement for your claim after they talk to you and investigate your situation. Without that information, they may not be able to calculate your damages.
Depending on the facts of your case, your monetary damages could include things like medical expenses, lost wages, decreased earning potential, ongoing medical treatments, and intangible losses like pain and suffering, disfigurement, and loss of enjoyment of life. If your close relative’s life ended because of a defective drug, we might be able to pursue additional damages on behalf of their legal beneficiaries.
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Examples of Defective Drugs that May Have Harmed You
The list of dangerous prescription and over-the-counter drugs grows longer with each passing day. Here are some examples of medications that may have caused you or a loved one harm:
- Prilosec®, Nexium®, Protonix®, and Prevacid®
There are many defective drugs, in addition to the ones on this list. If you suffered a significant-side effect or adverse reaction to a medication, you might have a claim for financial compensation.
How a Lawyer May Help with Your Injury Claim
At The Cochran Firm – Nashville, we seek justice for people who are harmed by dangerous medications. You only have a short time under Tennessee Code §28-3-104 to file a lawsuit seeking monetary damages. Please do not delay in contacting us. If you miss the deadline, you can lose the right to obtain any compensation for your losses.
A defective drug lawyer who serves Franklin and surrounding areas may help you hold the drug manufacturer responsible. You can call us today at (615) 651-7451 for a free, no-obligation consultation.