When we seek medical treatment, we trust that the drugs we are prescribed will help us, not harm us. Unfortunately, medications are sometimes released onto the market without proper testing or with known defects. These defective drugs can cause serious health complications and even death.
Have you or a loved one suffered from the harmful effects of a defective drug? If so, you may be entitled to financial compensation. Hiring an O’Fallon defective drug lawyer will ensure your rights are protected and that you receive the justice you deserve.
Our O’Fallon personal injury lawyers have the knowledge and experience to go up against large corporations and hold them accountable for their actions. Contact Morelli Law Firm now for a free consultation.
How Our O’Fallon Defective Drug Lawyer Establishes Liability
You have the right to file a defective drug lawsuit if a harmful medication has injured you. Three situations can lead to a drug-related liability claim. Our O’Fallon personal injury attorney can evaluate your case and help you decide whether it warrants a lawsuit.
Improperly Manufactured Drugs
If a drug was tainted or manufactured improperly during its production, you could have a case against the manufacturer.
Manufacturing defects result from issues that were not intended during the design process. Drug manufacturers are liable for defects that take place during manufacturing.
To prevail in a case like this, your attorney must prove the drug became tainted either in the factory or at some point between the factory and the place that provided you with the drug. They must also show that you suffered as a result.
Pharmaceutical Side Effects
Some legal cases involve situations where a pharmaceutical is used correctly but causes serious side effects. The cause of these harmful reactions can be flaws in the actual design of the drug.
In order to have a strong case for this type of lawsuit, your lawyer will work to demonstrate the following key elements:
- The drug’s fundamental design was unreasonably hazardous and defective.
- The manufacturers were aware of the defective design but intentionally concealed this information.
- If the manufacturers did not know about the design defect, they should have known or anticipated potential harm to consumers.
- An alternative, superior design was possible that could have accomplished the drug’s purpose without the dangerous side effects.
Improperly Labeled Drugs
Pharmaceutical companies must provide adequate instructions, warnings, and safety information about their drugs to doctors and patients. If a manufacturer fails to do so and their negligent marketing leads to harm, they can be held liable.
Some examples of improper or insufficient marketing that could warrant a legal claim include the following:
- Downplaying known side effects and risks
- Promoting off-label uses that are not approved by the Food and Drug Administration (FDA)
- Overstating efficacy claims not supported by research
- Failing to warn of potential drug interactions
- Providing inadequate dosing or administration guidelines
- Concealing safety concerns
If you or a loved one suffered injuries because a pharmaceutical company did not appropriately market and provide information about the risks and recommended use of a drug, you may have a basis for legal action.
The experienced attorneys at Morelli Law Firm can evaluate your potential claim and advise you on your options.
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Liable Parties in a Defective Drug Case
After a dangerous pharmaceutical causes you harm, you may be able to file a product liability lawsuit against one or more responsible parties in the drug’s distribution pipeline.
As we mentioned, drug companies could face liability if flaws during design or manufacturing made the medication unsafe or if they failed to disclose known side effects. However, manufacturers may not be held responsible for injuries if the drug is considered “unavoidably unsafe.”
This is because even carefully manufactured drugs can have dangerous side effects. Many potentially harmful medications are prescribed because their benefits outweigh the risks. If the manufacturer provided sufficient safety warnings about the product’s inherent danger, they may not be liable for the resulting harm.
When the pharmacist receives your prescription, they must dispense the correct drug with the correct labeling and at the correct dosage. If they don’t, they can be held responsible for any damage their error causes.
A doctor must prescribe appropriate medications for you as an individual. This means considering your medical history and other medications you could be taking to prevent any adverse reactions. If they fail to uphold this duty of care, they could be held liable for any resulting complications.
In addition to pharmaceutical companies, doctors, and pharmacies, other parties involved in handling, distributing, and providing the drug may also be liable if they are negligent.
Potential Damages in a Defective Drug Lawsuit
After suffering harm due to a defective drug, you may qualify for a wide range of damages. While every case is unique, the compensation you could recover may include the following:
- Medical expenses
- Pain and suffering
- Emotional distress
- Loss of income
- Loss of earning capacity due to permanent disability
- Travel costs for medical visits
Our defective drug lawyer in O’Fallon leaves no stone unturned when calculating damages. The goal is to recover a settlement or court award that addresses all you’ve endured.
Statute of Limitations for Filing a Personal Injury Claim
According to Illinois law, if a private business manufactures or distributes a harmful or ineffective medication, you generally have two years to initiate a personal injury lawsuit. However, the window of opportunity drops to one year if a governmental agency provides the defective product.
The law recognizes that you may not immediately link your health problems to the drug if the side effects emerge gradually or mimic other conditions. The clock started ticking once you knew about or should have realized that a defective medication caused your injury or illness.
Hiring an experienced attorney will ensure your paperwork is filed correctly and within the allowable time frame. We have a track record of successful case results and will work tirelessly on your behalf.
Consult With Our O’Fallon Legal Team
If you or a family member suffered an injury or complication due to a defective drug, you deserve justice and financial compensation. Our team at Morelli Law Firm has a proven track record of successful case results and is ready to fight for you.
Don’t let a large corporation get away with harming you. Find out how our O’Fallon defective drug lawyer can help you fight back by reaching out to us today. Contact us to get started with a free case evaluation.