If You Were Injured by a Dangerous or Defective Medication, We Can Help
Without the myriad of drugs made available by pharmaceutical companies, our society would struggle to treat the majority of health conditions. Drugs are essential and used by many so it stands to reason that the utmost care should be taken to ensure that they are safe for consumption. While most utilize prescription and over-the-counter drugs without issue, many end up suffering severe injuries because of some kind of defect present in the drug.
These defective drug injuries have the potential to inflict crippling damages that can change lives forever. People that take defective drugs may have their finances ruined by expensive medical bills or ruined career prospects and will likely have to cope with intense emotional and physical pain inflicted by their injuries. Despite this, people harmed by defective drugs still have legal options to take back their livelihood.
Consider Turnbull, Holcomb & LeMoine
Filing a drug injury lawsuit can give those injured by defective drugs the opportunity to seek compensation for the damages they suffered. Legal action can be your route to getting your life back on track and making sure that those liable for your injuries face the consequences.
If you or a loved one has suffered an injury caused by a defective over the counter or prescription drug, do not hesitate to contact Turnbull, Holcomb & LeMoine today at (205) 831-5040 or online for a free case evaluation, or to discuss your rights and options further.
Filing a Defective Drug Injury Lawsuit
Pharmaceutical companies wield a great deal of power and control an immense amount of wealth that has essentially made them a monolith in the world but they still are beholden to the law. Despite how intimidating the pharmaceutical companies are, consumers still have rights and those harmed by defective drugs can take legal action.
Lawsuits filed over defective drugs fall under the purview of product liability which is the field of law that deals with companies’ legal responsibility towards consumers harmed by their defective products. A drug injury lawsuit holds these companies accountable for negligence and errors on their part that cause drug defects and demands they provide compensation for the damages these defects caused. These drugs can be defective in either their design, manufacture, or labeling where the risks to the consumer are not properly conveyed.
Class Action Defective Drug Injury Lawsuits
Most lawsuits over injuries caused by defective drugs will affect a vast number of people. Instead of each person filing their own individual lawsuit to be handled one at a time, a class-action lawsuit is usually filed instead. This means that the lawsuit will be filed by one or more plaintiffs on behalf of the larger group.
Drug injury lawsuits will usually recover compensation by either negotiating a settlement with the defendant party or through going to court where a trial will be held to determine whether a plaintiff is entitled to compensation. This process will rely on a plaintiff’s ability to prove that their injuries were suffered because of the defective drug created or sold by the defendant. It is also beneficial if a plaintiff is able to link direct negligence on the defendant’s part to the defect. In other cases, a drug may be defective due in no part to direct drug company negligence. In some states, strict liability rules still allow for these companies to be sued since they still failed to prevent their product from causing harm to their consumers.