While most pharmaceutical medications are safe and rigorously tested, sometimes a drug can be recalled if there is a high incidence of dangerous side effects, a safer alternative comes to the market, or there was a manufacturing error. Unfortunately, consumers are the ones to suffer the consequences of an unsafe medication, and those aftereffects can be life-altering. You may decide that filing a lawsuit to help you recover compensation is the best route to gain back control of your life, but it can be hard to hold pharmaceutical companies accountable.
If you have been the victim of an unsafe drug, you may be eligible to recover damages in Katy dangerous drug cases. A knowledgeable dangerous drugs attorney from Schechter, Shaffer & Harris can show you the options you have if you decide to pursue legal action and can assist you in gathering the evidence you need to prove your case.
How is Product Liability Proven in a Dangerous Drug Case?
There are three types of “bad drug” cases: those shown to be unreasonably dangerous even when taken properly, indicating improper design; those based on drugs that have been contaminated during the manufacturing process; and those where drugs have been improperly marketed. Pharmaceutical companies have a duty to rigorously test their products and ensure that they are safe for consumers. When that duty is breached in any of the above instances, consumers have a right to sue the drug company responsible.
In order for a drug company to be held responsible for negligence in medication design, manufacturing, or marketing, the plaintiff must prove:
- They were taking the drug as directed by their medical provider
- They were not properly warned by the manufacturer of the drug’s potential side effects or dangers
- They sustained injuries or harm as a direct result of the drug
Proving liability on the part of a pharmaceutical company can be difficult, and there is a two-year statute of limitations for product liability cases. Having a trained, understanding lawyer on your side who understands liability and damages in Katy dangerous drug cases could make all the difference in receiving compensation to help cover your out-of-pocket expenses from taking an unsafe drug.
Damages That Can Be Recovered in a Dangerous Drug Case
An unsafe drug can cause a multitude of health issues, including but not limited to heart attack or other heart problems, stroke, diabetes, high blood pressure, mental health problems, organ failure, and death. When you take a prescription medication, you have a reasonable expectation that it will cure or lessen whatever medical problem you are experiencing. Sadly, that is not always the case.
When a drug causes more ailments and leaves you in worse condition than before, you may decide to file a lawsuit against the pharmaceutical company. There are several types of recoverable damages in a Katy dangerous drug lawsuit, including:
- Medical bills and related expenses that cover current and future healthcare costs, including doctor bills, hospital stays, medications, surgeries, etc.
- Lost wages from not being able to work
- Future lost wages if your injuries prevent you from working at the same level as before the dangerous drug incident
- Pain and suffering
- Loss of quality of life/loss of enjoyment
- Loss of consortium for the victim’s spouse or family members
If the medication caused a wrongful death, the family of the victim can sue the pharmaceutical company for most of the above as well as funeral expenses. Punitive damages are allowed in rare cases where egregious misconduct can be shown on the part of the defendant, but this is much harder to prove.
Book a Consultation in Katy to Learn About Damages in Dangerous Drug Claim
Proving liability on the part of a pharmaceutical company involves a plaintiff demonstrating direct causation between the medication and any harm suffered, and that the company was negligent in its production, manufacturing, or marketing of the drug. When you have been affected by a prescription medication, you may feel lost, hopeless, and unsure how to proceed.
Our compassionate team of personal injury attorneys at Schechter, Shaffer & Harris are highly skilled at holding drug manufacturers accountable and proving damages in Katy dangerous drug cases. Reach out to our office today for a no-obligation, no-pressure case review.
