Most people take it for granted that the medications they buy over the counter or get prescribed by their doctor are safe if used for their intended purposes. Unfortunately, this assumption does not hold true in some circumstances, leading to consumers of these drugs to suffer unnecessary harm and experience catastrophic personal and financial losses.
If you experienced unlisted side effects from a medication you thought was safe, talking to a Marlborough dangerous drugs lawyer may be in your best interests. A knowledgeable personal injury attorney could thoroughly explain your legal options and help you pursue fair compensation from a careless pharmaceutical company.
How Do Defective Drugs Get on the Market?
Since the federal Food and Drug Administration (FDA) is supposed to inspect and approve all medications that are put on the market, it is fair to assume this process would prevent any drugs deemed ineffective or harmful from being sold or, at minimum, require them to have sufficient warning labels. However, various fast-track processes—as well as simple negligence by drug companies—mean that medications with undisclosed side effects enter the market every year.
In terms of justification for civil litigation, there are three primary product defects on which a Marlborough attorney could base a dangerous drugs lawsuit. First, if a mistake occurred during the manufacturing or packaging process that tainted a particular batch of medication, a harmed consumer could potentially file suit for a manufacturing defect.
Second, if a drug company manufactured a product correctly but became inherently dangerous due to an unknown side effect, the manufacturer may be liable for a design defect. Finally, if a drug manufacturer knows of a product’s dangerous side effects but does not properly disclose them to a consumer, they may be liable for harm caused by a marketing defect, also known as a “failure to warn.”
Legal Options for Marlborough Residents Harmed by Unsafe Medication
The prospect of taking on a pharmaceutical giant may seem daunting to someone injured by unsafe medication. Additionally, an individual filing suit against a massive corporation may have a difficult time achieving a successful result. Fortunately, a lawyer in Marlborough could help a single plaintiff join their dangerous drugs case together with individuals who have suffered harm from the same medication, creating what is known as a mass tort.
In the past, attorneys have used mass torts successfully to recover compensation on behalf of patients injured by drugs such as Xarelto, Risperdal, Zofran, and more. During an initial consultation, a legal representative could determine what the best course of legal action may be for a particular case.
Speak with a Marlborough Dangerous Drugs Attorney
To protect consumers, pharmaceutical companies are expected to undertake rigorous testing of their products to ensure they are free of any unknown side effects that could potentially harm a consumer. If they fail to do this and cause an individual to suffer harm as a result, this person could have a viable claim against this drug company.
A Marlborough dangerous drugs lawyer could help you take stock of your losses, identify the appropriate defendant, and pursue compensation as effectively and efficiently as possible. Call today to discuss your legal options.