People turn to medications to relieve symptoms of discomfort or illness. However, a drug you take on your doctor’s advice could do you more harm than good.
Most believe medications are thoroughly tested and safe, but that is not always true. Drugs approved for sale might cause severe and even permanent side effects.
If you are suffering ill effects from a medicine, a skilled personal injury attorney could help. Speak with an Upper Marlboro dangerous drugs lawyer about the steps you need to take to get compensation for your injuries.
Although the Food and Drug Administration (FDA) reviews drug safety data and approves a substance for sale, FDA approval does not mean a medication is safe. Testing data might not reveal the issue if a particular side effect does not manifest immediately. Sometimes, the FDA decides a medicine’s usefulness outweighs the potential for side effects, or manufacturers manipulate data to get their product approved.
If you are unsure whether a medication you took is considered hazardous, an Upper Marlboro attorney could help determine if you have the right to file suit.
Damages compensate the plaintiff for all their losses associated with the injury. Compensation could be awarded in the form of economic or non-economic damages. In some cases, punitive awards may be administered to punish the defendant.
Economic damages cover verifiable costs such as medical care, lost wages, reduced future earning capacity, and necessary future treatment. Non-economic losses are subjective and could vary from case to case. Examples include pain, inconvenience, disability, and lost enjoyment of life.
If a manufacturer deliberately exposes someone to harm or their actions are not admissible, an Upper Marlboro attorney might consider seeking punitive damages in the harmful drug case. Punitive damages are available to punish wrongdoers and deter others from engaging in similar conduct.
Roger Gelb could help a plaintiff prove they are entitled to punitive damages by introducing clear evidence of the defendant’s egregious conduct. Once the claimant establishes facts that support a punitive award, Maryland Court and Judicial Proceedings Code §10-913 allow them to introduce evidence of the defendant’s financial status. A punitive award should be large enough to have the effect of punishing the defendant for their actions.
If an individual suffers harm because of a medication and seeks damages from the manufacturer, they must present evidence demonstrating that the product is defective.
A plaintiff could be entitled to damages if they show that an error in the medicine’s design or production made it unreasonably hazardous. A manufacturer also might be liable if the plaintiff proves that the drug’s label inadequately warned them about the side effects from which the plaintiff later suffered.
Sometimes, a manufacturer could avoid liability by showing that the plaintiff contributed to their injury. For example, they might assert that if the claimant suffered an underlying illness and took the drug even though it was advised that someone with their condition not take it, then they are partially responsible. A company might also claim that the plaintiff did not follow dosing instructions or used the medication in a way that the manufacturer did not anticipate.
Contributory negligence bars a plaintiff from recovering damages if their actions contributed to their losses. A qualified dangerous medicine attorney at our firm could anticipate possible defenses and present evidence showing the plaintiff’s actions had no or little bearing on the harm that befell them.
If an unsafe medication harms you, it is time to fight back against the manufacturer that puts your well-being at risk. Having an aggressive advocate who can stand up to powerful pharmaceutical companies and prioritize your rights would be best.
Contact an Upper Marlboro dangerous drugs lawyer as soon as you become aware that medication harmed your health. Call our office today to learn more.
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