When having prescription medication filled by a pharmacy, you never consider that something could go terribly wrong. Unfortunately, lawsuits involving defective medicine are all too common. Also referred to as a product liability case, if you become injured or sick because of medication that was prescribed to you, it is imperative that you speak to a reputable attorney with experience in this arena.
With this type of case, there are several specific aspects involved. For that reason, a lawsuit can become extremely complex. However, having a qualified product liability attorney on your side will help you get through the process in securing appropriate compensation for your injury or illness.
Defective Medication Categories
There are three basic categories of defective medicine lawsuits. The first is a pharmaceutical medication that was defectively manufactured. In this instance, you would claim injury or illness as the result of taking medication that was manufactured improperly or medication that was tainted in some way. Sometimes, a manufacturing facility makes a gross error, but the actual pharmacy could also be at fault if the medication was improperly bottled, labeled, or shipped.
The second is a medication that causes serious and even dangerous side effects, even if the manufacturing was performed correctly. For this, you would claim that although the prescription medication was manufactured correctly, the side effects that you experienced led to injury or illness. Interestingly, this sometimes involves medication that has been available for quite some time but only recently identified for a potential risk. Your attorney may argue that the manufacturer was well aware of the danger but concealed information deliberately. If proven, you can also claim punitive damages, which would increase your financial compensation.
The third is a pharmaceutical drug that was not marketed correctly. With this, you claim that instructions, recommendations, and warnings were incorrect. Typically, an injury associated with this category was the result of inadequate or inaccurate warnings about one or more potentially dangerous side effects not being disclosed. However, you can also file a lawsuit if the manufacturer of the drug, as well as any other medical provider, including your doctor, nurse, or pharmacist, gave you poor advice.
Sometimes, a product liability case has to do with just one category, but it can cross over into more than one. For instance, you could file a claim about medication that caused injury or illness because of a dangerous side effect. At the same time, you could file a second claim if there was zero, inadequate, or inaccurate warnings provided to you about the side effect.
With so many facets and obstacles to a defective medication lawsuit, it is essential that you hire an attorney who is well-versed in product liability cases. Your attorney will conduct an investigation, talk to witnesses, and gather extensive data to determine the category or categories for your case. As imagined, going through any scenario having to do with pharmaceutical drugs is unnerving. After all, you depend on medication and assume that what the doctor prescribes and the pharmacy fills is 100% correct and, more importantly, safe.