when to hire a lawyer for dangerous otc med side effects

by Lulu Altenwerth 8 min read

As a patient taking prescription medication, you can hire a drug injury lawyer, not for a headache or nausea, but debilitating drug injuries and life-threatening conditions. You have grounds for a lawsuit against the manufacturer if you can provide proof that the medication you took was in any way dangerous or defectively designed.

Full Answer

Can you get compensation for serious drug side effects?

Serious drug side effects may entitle you to financial compensation. Here’s where we unpack what you need to know about bad drug claims and lawsuits. More than 1.5 million people wind up in the hospital every year because of “adverse drug reactions,” meaning side effects from medications.

Can you sue a drug company for side effects?

If you sue the manufacturer, you’ll have to prove you weren’t warned of the side effect you suffered. If your medical provider or the manufacturer told you about a possible side effect, and you decided to take the medication anyway, you won’t be able to blame the drug company.

Do drug makers get hit with too many lawsuits?

If drug makers are hit with too many lawsuits, they won’t continue to make needed vaccines. “ [The fund] was created in the 1980s, after lawsuits against vaccine companies and health care providers threatened to cause vaccine shortages and reduce U.S. vaccination rates, which could have caused a resurgence of vaccine-preventable diseases.”

Should I talk to my doctor about the side effects of medication?

If you're suffering any ill effects after taking a prescribed medication, the first thing you need to do is talk to your doctor, especially if what you're experiencing is beyond mild, anticipated side effects.

Can you sue for side effects of medication?

While some side effects are relatively minor and go away on their own, others can have a severely negative effect on your health for a long time. When this happens, victims may be able to file a lawsuit to obtain compensation for damages they experience due to these side effects.

Who is liable for drug side effects?

A drug manufacturer has a duty to warn of side effects of a drug when such effects are understood to occur, but is not expected to warn of unknown dangers. Often the manufacturer discharges this duty by providing the necessary information to the patient's prescribing physician or to the pharmacist.

Can you sue for recall medication?

Can You Sue Even If the Drug That Harmed You Was Not Recalled? Yes. In some cases, drugs that have not been recalled still cause injuries or harm over and above a reasonable level of risk. Bad drug claims are very complex and are often pursued in the form of large class-action suits.

How do I sue a drug manufacturer?

Can You Sue Drug Companies and Get Compensation? To successfully sue a drug company and get compensation, you and your attorney will first need to show that you were actually injured. Then you'll need to prove that it was their drug that injured you.

Can you sue if a drug is FDA approved?

If you've had side-effect injuries after taking an FDA-approved drug for off-label use, you may be able to sue. Whether you can sue depends on the specifics of your unique case. But if it's a case where a drug maker illegally promoted their product for off-label use and you were hurt, the manufacturer may be liable.

Which of the following is the most common cause of product liability claims?

Manufacturing defects are the most common cause of product liability claims. A lawsuit based on a manufacturing defect alleges that the original design of the product is completely safe, but that something happened during the manufacturing process to make the product unsafe.

Can a pharmaceutical company be sued for malpractice?

Or, to put it another way, if a drug maker complies with FDA marketing and labeling restrictions, can an injured patient also sue the company for not making the product safe enough? In a closely watched case, the Supreme Court in early March said definitively “yes;” a company can be sued even after FDA approval.

What to do if a medication is recalled?

Call your doctor. If you have taken a drug that has been recalled and have any unusual symptoms that you suspect may be linked to the medicine, call your doctor immediately.

Is there a lawsuit against losartan?

Losartan Class Action Lawsuit Seeks Compensation for Buyers of Recalled Drugs. The makers of numerous batches of recalled generic losartan face a class action lawsuit, which says that contaminated versions of the hypertension drug sold in recent years were worthless, due to the presence of cancer-causing impurities.

Can you sue a generic drug manufacturer?

In the context of Federal Pre-Emption, generic drug manufacturers cannot be sued for defective design of their product, nor can they be sued for failing to provide adequate warnings of risks that are associated with the drug. Generic drug makers therefore enjoy immunity from lawsuits.

Can drug manufacturers get sued?

When most drugs cause harm, the pharmaceutical companies that make them can be sued in product liability lawsuits.

Can you sue Tylenol?

TYLENOL LAWSUIT STATUS: Product liability lawyers are pursuing potential Tylenol lawsuits for individuals throughout the United States who have been diagnosed with liver problems due to side effects of acetaminophen, the active ingredient in the pain medication.

Dangerous Drugs Lawyer Assisting Patients and Their Families

Patients should be able to expect that the medicines they take are safe for use and that there are no defects in the design of the drugs or defects that occur during the phase of manufacture that could cause unnecessary harm.

What is a Dangerous Drug?

A dangerous drug is a medication that contains a defect and has the potential to cause injury.

Medication Side Effects

Side effects are likely to occur with any medication within a certain number of people.

Compensation in a Dangerous Drugs Case

If you suffered injuries due to a dangerous drug you may be able to recover compensation for your losses in two categories:

Understanding Iowa Product Liability Lawsuits and Dangerous Drugs

Product liability claims can arise under three different legal theories:

Learn More About Getting Compensation for Your Injuries

When a consumer sustains injuries after using a defective medication, that consumer deserves to seek financial compensation.

What Side Effects Are Worth Pursuing a Lawsuit?

The reactions you or a loved one are experiencing can determine whether or not you have a lawsuit worth attempting. These side effects range from internal and external physical pain to psychological effects and can affect anyone.

Who Can You Sue for Your Harmful Medication in Colorado?

There are two different varieties of drug lawsuits: medical malpractice lawsuits and dangerous product lawsuits, each with unique causes and at-fault parties.

Medications to Look Out For

Chances are if you have experienced extreme side effects from any given medication, other people have also seen its negative consequences. Here is a list of medications that have already been put under the microscope because of previous lawsuits:

Easily Accessible Personal Injury Attorney

Your injuries that resulted from a medication that was given to you by a trusted healthcare worker can result in costly expenses, physical pain, and emotional suffering. Our law firm has provided many clients with financial resolve with their harmful drug lawsuits.

What are the side effects of taking anticholinergic drugs?

Severe injuries from dangerous drugs can include, but certainly aren’t limited to: Anticholinergic Effects: Anticholinergic drugs are used to treat many types of diseases, including breathing disorders, Parkinson’s Disease, and overactive bladder. Side effects can include hallucinations, ...

How are new drugs approved?

New drugs are approved only after the FDA has reviewed the result of all testing made by the manufacturer, and determined the manufacturer is capable of meeting FDA quality standards. The FDA does not approve compounded drugs, meaning ingredients mixed by a doctor or pharmacist to meet the needs of individual patients.

How much did Bayer pay for the lawsuit?

Bayer paid more than $8 million to settle a multi-state drug lawsuit over the cholesterol-reducing medication Baycol, alleging a failure to warn users against an increased risk of severe nerve and muscle disorders.

How much did Merck pay for Vioxx?

For example, Merck pharmaceutical company paid $4.85 billion to settle 47,000 lawsuits filed by groups of people who alleged the pain-relieving drug Vioxx caused heart attacks and strokes. Kidney Failure: Some patients can suffer serious kidney damage, including renal failure from their medications.

What is class action lawsuit?

A class action lawsuit is when a group of people injured by the same drug file a lawsuit against the drug manufacturer. The group of “similarly situated” victims are the class. The class is represented by one or more law firms.

Who can file a petition for compensation?

Anyone who believes they, or a family member, were injured from taking a covered vaccine may file a petition for compensation. Filing a petition is a legal action. Most individuals hire a personal injury attorney to handle their claim.

Can you sue a drug manufacturer?

When You Can Sue a Drug Manufacturer. If you’ve suffered a serious illness or injury from taking a dangerous drug, whether prescription or over-the-counter, your first instinct may be to blame the company that manufactured the drug. Every type of medication has potential side effects.

Side Effects vs. Drug Injuries: Where Do We Draw the Line?

When we discuss a medicine’s side effects, doctors, pharmacists, and the competent agencies refer to those mild adverse reactions that some people might experience, and some might not.

The Grounds for Pursuing a Defective Product Liability Claim

In the practice of law, a patient or a group of patients have grounds for a lawsuit against a pharmaceutical company, a seller, doctors, hospitals, etc., in the following situations:

What Medication Side Effects Can You Sue For?

As a patient taking prescription medication, you can hire a drug injury lawyer, not for a headache or nausea, but debilitating drug injuries and life-threatening conditions. You have grounds for a lawsuit against the manufacturer if you can provide proof that the medication you took was in any way dangerous or defectively designed.

What Can You Expect from Such a Lawsuit?

If a patient or the family of a deceased patient can prove that a drug was defective, dishonestly marketed, or came with undisclosed/poorly disclosed adverse reactions that caused harm, you might receive compensation for non-economic and economic damages. In some unusual cases, juries also awarded punitive damages.

Defective and Dangerous Medication Lawsuits

Drug manufacturers have a duty to make sure that medications they sell are not unreasonably dangerous and contain sufficient warnings about dangerous side effects so that physicians and patients can evaluate the risks and benefits before taking the medication.

Previously Investigated Drugs

The drug injury lawyers at Saiontz & Kirk, P.A. previously reviewed and investigated potential claims for users of the following medications. New cases are no longer being accepted for users of these medications at this time, but the following pages are available for informational purposes.

Who is responsible for developing and selling safe, effective medications?

March 7, 2017 by Hossley Embry. It is the responsibility of pharmaceutical drug development companies and manufacturers in the U.S. to develop and sell safe, effective medications. The United States government and its regulatory bodies, especially the U.S. Food and Drug Administration (FDA), are responsible for making sure ...

What is side effect of medication?

A side effect is a problem, usually negative, that manifests as a direct result of taking a prescribed medication. Side effects can happen to anyone taking a medication. Some are easy to deal with while others can be dangerous, life-altering, or deadly. For example, if someone takes an anti-histamine for a runny nose, ...

Why are medications recalled?

Heart issues: Medications are commonly recalled after release to the consumer market if it’s discovered that they cause cardiovascular problems, including but not limited to: heart attack, congestive heart failure, high blood pressure, blood clots, and other issues.

What are some examples of side effects of prescription medication?

Some examples of side effects that have led to lawsuits in the past include: Physical ailments: Physical pain as a result of prescription medication can interfere with daily life and make typical tasks seem impossible. Some examples of debilitating physical ailments include pain in the abdomen or joints, arthritis, and muscle spasms, among others.

How many adverse reactions do prescription drugs cause?

The Safra Center also reports that prescription drugs cause a total of approximately 2.7 million adverse reactions annually.

Can you list every prescription drug?

It would be nearly impossible to list every single prescription drug and side effect that could result in a valid claim. In general, though, side effects that cause harm and that are not described in the patient instructions, documentation, and packaging that comes with the drug — or that are worse than described — could lead to liability on ...

Is FDA human?

FDA regulators are human, however, and drug companies aren’t always forthright about the known side effects of their drugs . These companies have a vested interest in getting their drugs approved for distribution to the public, and there have been numerous historical cases of companies who tried to cover up negative side effects associated ...

What to do if you have ill effects after taking a prescribed medication?

If you're suffering any ill effects after taking a prescribed medication, the first thing you need to do is talk to your doctor, especially if what you're experiencing is beyond mild, anticipated side effects.

What are some examples of side effects?

Some of the more serious examples of side effects include organ damage, depression, suicidal thoughts and even death.

What are the duties of a doctor?

When doctors prescribe medications, they have a legal duty to assess: 1 the relative benefits and risks of the medication in light of the patient's overall health 2 the relationship of the prescription to other medications being taken by the patient, and 3 the medication's known side effects.

What is a manufacturer failure to provide adequate warning of known risks and side effects?

the manufacturer failed to provide adequate warning of known risks and side effects. This type of claim is typically brought against the pharmaceutical company that designed, manufactured and sold the medication, and a lawsuit like this also usually requires expert testimony to establish liability and causation.

Who administers the correct medication in the proper dosage?

And finally, when prescribed medications are administered by way of an injection in a doctor's office or hospital setting, the nurses and other care providers must administer the correct medication in the proper dosage and with the medically accepted protocol.

Do pharmacists have to read prescriptions?

the medication's known side effects. When pharmacists dispens e prescribed medications, they must correctly read the doctor 's prescription and fill it with the correct medication in the properly-prescribed dosage. And finally, when prescribed medications are administered by way of an injection in a doctor's office or hospital setting, ...

Can a pharmacist be sued for malpractice?

The failure of a doctor, pharma cist or nurse to comply with any of the above-mentioned duties may provide the basis for a medical malpractice lawsuit if certain elements can be proven.