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Can You Sue a Pharmaceutical Company for Side Effects?

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Side Effects: When They Can Become Harmful to Us

Whether you are using a pharmaceutical drug that was prescribed to you or an over-the-counter medicine, if you experienced adverse side effects that were harmful to you, you are not alone. Each year, many individuals experience unexpected and dangerous side effects from the medicines that they are taking.

Although most side effects don’t pose significant or long-term issues, others can become quite concerning. Some of the most common serious issues are stroke, congenital disabilities, stunted growth, and more.

Some of the other concerns may be an increased risk of cancer, liver damage or kidney failure, and heart issues such as heart attack, congestive heart failure, and more.

In some cases, increased suicidal thoughts can be a side effect that can create lethal results if not addressed immediately.

You have a right to be upset and concerned, and you have a right to pursue legal options if you have a reasonable case.

How Do I Know if I Have an Effective Case?

In order to have a compelling or reasonable case to pursue damages, your skilled attorney must be able to provide sufficient evidence in three areas. The first is that you sustained an injury, that your injury was a side effect of the defective medication, and that the medicine you were taking was defective due to improper or poor design, a manufacturing flaw, or a failure to warn you of the potential side effects.

Every case is different, and providing sufficient evidence can become complex based on the details surrounding your circumstances. One of the first things to do is to ensure that you have thorough and accurate documentation of the timeline in which you began taking the medicine and what side effects you experienced.

It is also helpful to note what warnings you may have received for potential side effects, how to take the medicine properly, and more.

Can a Pharmaceutical Company Be Liable?

Though pursuing a pharmaceutical company can be challenging, it can be done. What makes it difficult is that typically, a drug manufacturer has a large team of legal representatives rather than a small team or individual. However, we don’t let this make us back off because when it is done effectively, the facts speak for themselves, regardless of the opponent.

All drug manufacturers must abide by the FDA and Food and Drug Administration regulations. The FDA panel must approve all medicines before being passed to the end user.

Thorough testing must be done during the manufacturing or design process to ensure that the side effects are not lethal and that they are documented appropriately.

Options For Legal Recourse

A few different aspects can provide you with a reasonable case to pursue damages against a pharmaceutical company.

The first is if the manufacturing of the drug was defective. Suppose the medication that you were prescribed was deemed safe by the FDA, and you began taking it, resulting in harmful side effects. If that drug was contaminated or incorrectly manufactured, this may have led to your health issues; therefore, the manufacturer may be liable.

What if the manufacturer didn’t properly document or convey all possible side effects to the public? This neglect or oversight would be considered a “failure to warn” and can result in the option to pursue the company responsible for this communication. Manufacturers must note possible side effects on the packaging or bottles containing the medicines, and doctors are required to discuss possible side effects with their patients upon prescribing the medication.

Suppose there was a flaw in the design of the drug. If it was meant to aid in the cure or maintenance of an issue but ended up resulting in harm to the individuals taking it, this may result in a defective design lawsuit.

Who Else May Be Held Liable for Harmful Side Effects?

As mentioned above, if there is a manufacturing issue with the drug, the laboratories that created the drug or tested it for approval from the FDA may be liable.

Physicians and pharmacists may be liable for issues created by the drug if they fail to warn patients of possible side effects adequately.

Sales and marketing companies or individuals may also be liable if they fail to alert doctors or medical facilities of the possible side effects that lead to harm to patients. For example, if the drug is being marketed with limited side effects mentioned but has many, this may be an issue of liability.

Your Aggressive Advocate

There may be nothing worse than attempting to remedy a situation that you are experiencing that results in more prominent issues due to side effects. Harmful side effects can cause devastating consequences in the long term.

Don’t pursue this alone. Let us be the aggressive advocate you can rely on to go up against “the big guys” and pursue the damages you deserve. Tyler has a unique perspective in that he used to work for one of the bigger companies, so he is more than competent in going up against them when necessary.

Among many of his accomplishments is his 10 out of 10 rating with AVVO.com, which is led by lawyers and those with vast industry knowledge, meaning his fellow peers gave him the highest rating available.

We offer a free initial consultation to discuss your options and learn more about your concerns. If you or a loved one has suffered harmful side effects and would like to learn more about your legal options, call our office at (803) 855-1012 today. We are compassionate and capable, and we look forward to serving you and your family.

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