Although many pharmaceuticals are safe and effective, there are plenty of instances where a drug ends up causing more harm than good. If you were injured after taking a drug and believe that the drug was defective, you could be entitled to compensation.
Morelli Law Firm may be able to assist you with pursuing your legal rights against the companies that are responsible for your damages. To find out more about whether one of our Philadelphia defective drug lawyers can help you, contact our office now for a free consultation.
Damages You Could Be Eligible to Receive
If a defective drug caused you injury, you may be entitled to compensation through a personal injury claim or lawsuit. The responsible party may owe you for the resulting damages. The types of compensation you could be eligible to receive can fall under two categories: economic and non-economic damages. These may include:
- Past, current, and future medical expenses
- Lost wages
- Loss of future income (due to inability to work as a result of your injuries)
- Mental anguish
- Pain and suffering
- Loss of consortium (if you lost a loved one due to a defective drug)
Keep in mind that this is not an exhaustive list. Our defective drug lawyers can help you identify your losses and determine a value for your damages. Once your case has reached a conclusion, it’s highly likely that you’ll be left with the compensation you need to cover your medical bills and other losses.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
How a Lawyer Can Help Determine Liability
At this point, you might be wondering who you can sue for a defective drug injury. There may be several entities that are liable for the injuries and damages the dangerous drug has caused you to suffer.
Manufacturers Can Be Liable
The first party your lawyer will want to consider naming in your lawsuit is the drug manufacturer. Manufacturing companies are required to submit a substantial amount of paperwork and research to the U.S. Food and Drug Administration prior to having their drug approved.
This ensures that there has been enough testing on the substance and that any potential adverse reactions or other issues are identified before it is prescribed or sold. If the manufacturer hides poor test results, fails to conduct the right tests, or does not disclose certain issues about the drug, they may be liable for your injuries.
You may also have a case against a testing laboratory if it made mistakes regarding the testing and reporting of various aspects of the drug. Your attorney will call on pharmaceutical experts to help determine if a testing laboratory is at fault.
The Marketer or Distributor May Be Liable
Many drug companies are eager to market and sell their new inventions due to the high costs of developing and obtaining approval for new drugs. Unfortunately, this enthusiasm can sometimes get in the way of communicating important information about the drug to consumers.
Consequently, the company that is put in charge of marketing and distributing the drug may be liable for failing to give adequate warnings and information about the drug and its proper usage.
The Doctor or Pharmacist Could Also Be Liable
The doctor who prescribed the drug may be liable for your injuries if they did not stay up to date on the drug’s proper usage or any issues with its use. When a new drug hits the market, most defects will arise within the first year of it being prescribed and taken. Doctors have a duty to keep up with new and emerging information regarding the drugs they prescribe.
Finally, the pharmacist that prescribed it to you may be responsible if they did not give you the right medication or right dose, or if they failed to notify you about other potentially harmful aspects of the medication.
A Philadelphia defective drug lawyer at Morelli Law Firm can identify the liable party or parties in your case and hold them to account. Our lawyers will handle all aspects of your case from start to finish so that you can focus on your recovery.
How a Lawyer Can Pursue Compensation for a Defective Drug Injury on Your Behalf
If you sustained injury after taking a defective drug, you can bring a product liability claim against the persons and entities responsible. This type of claim requires you to prove a few key elements before you can receive a defective drug injury settlement.
Here are a few types of claims a defective drug lawyer in Philadelphia can assert in your product liability case:
- Defectively manufactured drugs. This involves situations where the drug was manufactured or altered in a way that made it unreasonably dangerous. This could be some kind of formulation error at the factory or a problem that happened while the drug was being transported.
- Dangerous side effects. Sometimes, a drug does what it is supposed to do, but the consequences and side effects pose a serious risk. Even though the drug was manufactured correctly, the side effects could make the risk of certain injuries, like heart attacks, common. The plaintiff may allege that the drug maker knew that the side effects existed but did not provide adequate warnings about their potentiality.
- Lack of proper marketing. Sometimes, pharmaceuticals do not come with the right warnings or recommendations on safe usage. The person responsible for the improper warnings or failing to disclose all the information about the drug could be the manufacturer, distributor, pharmacist, doctor, or other party.
Your case may involve asserting just one or several of these points, like breach of implied warranty. Because defective drug cases can be so complex, it is important to pursue as many different claims as possible to ensure that you hold the right parties responsible for the right reasons. This is where we can help.
You Have a Limited Amount of Time to File a Defective Drug Claim in Pennsylvania
According to Pennsylvania Code § 5524, individuals injured by a defective product have two years from the date of their injury to file a claim for compensation. Delaying legal action could cause you to miss this deadline and prevent you from receiving the payment you need to cover your medical bills and other costs.
If your deadline is coming up, you’ll want to reach out to a defective drug attorney as soon as you can. They’ll get your claim submitted fast so that you don’t have to worry about paying your bills out-of-pocket.
If you believe it’s too late for you to file a defective drug claim, you should still contact an attorney. Statutes like this can sometimes have built-in exceptions. An skilled attorney can figure out if your individual case qualifies for an extended deadline.
Our Defective Drug Attorneys Offer Affordable Legal Services
At Morelli Law, we prefer to make our legal services accessible to all defective drug injury victims, regardless of their financial status. That’s why our attorneys offer legal representation in exchange for a contingency fee.
A contingency fee is a portion of your settlement or jury award that you agree to pay your attorney if your case is successful. In the unlikely event that we lose your case, you won’t have to use your own money to compensate us.
Get a Free Consultation
If you are ready to learn more about your potential defective drug case, call Morelli Law Firm now for a free consultation. We understand how confusing and overwhelming this situation can be. You are probably being bombarded with information about the drug that you took and are unsure about how to proceed.
Don’t wait any longer to get the clarity that you deserve. Contact a defective drug attorney in Philadelphia today to get the legal counsel you need to move forward. Our friendly team members will answer any questions you have and get started on your case ASAP.