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The makers of prescription and over-the-counter drugs have an obligation to ensure the products they manufacture are safe when used as directed.
Yet every year thousands of people are harmed by dangerous drugs, and at Carr & Carr, we believe the manufacturers should be held responsible.
If you were injured or made sick by a recalled or dangerous drug, the dangerous drug attorneys at Carr & Carr are here to fight for the financial peace of mind you need to cope with medical expenses and other damages.
Liability Factors in Dangerous Drug or Recalled Drug Cases
Lawsuits that target dangerous drugs generally relate to one of three categories:
- Design defects: Flaws in design make it unreasonably dangerous.
- Manufacturing defects: Problems in the manufacturing process cause the product to become contaminated or otherwise render it unreasonably dangerous.
- Failure to provide adequate instructions or warnings: A product’s manufacturer or seller fails to provide sufficient instructions for proper use or to warn of likely risks or side-effects.
To establish liability and recover damages in a dangerous drug case, there are four key elements that must be established:
- You were harmed and suffered losses due to the use of a dangerous pharmaceutical.
- You were using the drug as intended and in accordance with its instructions.
- The product in question is defective due to a design defect, manufacturing defect, or failure to warn/provide adequate instructions.
- The product defect is the direct cause of your injury or illness.
It’s important to note that time is limited to file claims that stem from dangerous drugs. This deadline—referred to as a statute of limitations—varies by state.
In Oklahoma, for example, victims have two years from the date they knew about or should have known about, the injury or illness to file a lawsuit.
Some examples of dangerous drugs include:
Drug Recalls and Your Rights
Although drug manufacturers are supposed to adhere to a thorough testing and approval process under the oversight of the Food and Drug Administration (FDA), there are numerous loopholes that allow drug makers to push products to market with potentially dangerous defects.
Drug manufacturers are required to warn the public of any likely side-effects and to recall faulty products that have made it to market.
Recalls are typically issued when a drug is found to be dangerous to the health of its users, or when a product does not have adequate labeling or warnings of known risks.
The FDA learns about these defects through its own investigations, consumer complaints, or when manufacturers contact the FDA. The FDA categorizes recalls for defective drugs in one of three classes:
- Class I: Defective products that could cause serious health problems or death.
- Class II: Defective products with defects that might cause a temporary health problem, or pose a slight risk of serious injury.
- Class III: Defective products that are unlikely to cause any adverse health reaction, but violate FDA labeling or manufacturing laws.
Unfortunately, many products found to be defective are not recalled until after they have caused severe injuries, illnesses, or death.
Unintended Consequences of Defective Drugs
Hundreds of thousands of Americans take medication prescribed by their doctor. These patients expect that their prescriptions will help them and make them feel better. However, there are a number of defective drugs that cause more harm than good.
Some drugs may have been mistakenly labeled, which may cause people to take much higher doses than they actually needed. In other cases, the drug causes adverse side-effects that may have been known about by the pharmaceutical company, but pushed through to consumers anyway. Then there are drugs, such as Heparin, that were contaminated with another substance before they reached the manufacturer. In all these cases, patients have been sickened or have died.
When you or a loved one is injured by a medication that was supposed to make you feel better, you have the right to compensation. If you are taking a medication that has been recalled recently, you need to take notice of what is going on with it. The FDA will often issue a black box warning, which is one step short of a full recall on medication that may have caused harm. And while no amount of compensation can make up for the death of a loved one, you certainly should be able to file a claim to cover any damages you deserve.
Damages in Dangerous Drug Cases
Compensation in dangerous or recalled drug cases may include both economic and non-economic damages.
Economic damages are those tied to direct monetary losses, such as medical expenses, lost wages, and lifestyle modifications. Noneconomic damages are more subjective in their valuation and may include pain, suffering, and loss of enjoyment of activities.
In some cases, punitive damages may also be awarded. Punitive damages include additional compensation intended to punish the defendant for especially reckless behavior.
Get the Representation You Deserve
Carr & Carr has been protecting the rights of injured people since 1973. More importantly, our law firm has obtained multi-million dollar settlements for cases involving defective or dangerous products.
We’ve helped victims from across the country get the financial security they need to cope with medical costs and move forward with their lives.
We offer free, no-obligation consultations to help you understand your legal options, and we don’t charge for our services unless we successfully recover compensation on your behalf.
Call us today at 866-510-0580 to arrange a complimentary consultation or contact us online. Our dangerous drug attorneys have offices in Tulsa and Oklahoma City, but we work with victims of dangerous products nationwide.