Do You Have a Drug-Related Liability Claim?
- posted: Dec. 20, 2015
- Product Liability
When your doctor prescribes you medication, you expect it to make you feel better. However, sometimes the drugs do not do what you anticipate. You followed the directions you were given but still encountered unforeseen consequences. Or you were not properly warned of potential side effects. If you have been harmed by a pharmaceutical drug, you may be able to pursue compensation.
There are three main types of pharmaceutical drug-related liability claims:
- Defective manufacturing. If there is an error in manufacture, the drug might become dangerous to a consumer. This could include mistakes in formulation, mislabeling or improper storage.
- Dangerous side effects. Most drugs have side effects, but the drug company has a responsibility to inform people about those effects. When a pharmaceutical manufactures a drug and doesn’t reveal the potential side effects, people can become seriously ill or die.
- Improper marketing. If pills do not come with appropriate warnings or instructions, people may not consume them properly. This can lead to dangerous consequences.
Your claim may involve one or more of these liability categories. Once you and your attorney figure out what type of claim you should make, your next step is to determine who might be liable. Before a drug reaches the consumer, it goes through a process of manufacturing and testing. The groups that may be at least partially liable for the defects include:
- Manufacturing company
- Testing laboratory
- Pharmaceutical sales representative
- Health clinic
In order to win your lawsuit, you must prove that you were injured, the drug was defective or improperly marketed, and that problem is what caused your injury.
In West Virginia, you must file your drug-related liability claim within two years of experiencing the adverse side effects. An experienced products liability attorney can help you through the process.