The makers of medications have a duty to protect their customers. This includes both the makers of over-the-counter substances and those available only with a doctor’s prescription. These manufacturers must produce medications that function as intended as well as properly inform consumers as to how to safely use their products.
Despite this responsibility, injuries that result from taking dangerous drugs are common. These substances can have a profound impact on a person’s health, and an unexpected reaction could require extensive medical care and rehabilitation.
A Smyrna dangerous drugs lawyer could help people who have suffered injuries after taking a medication. The experienced personal injury attorney could evaluate the drug maker’s processes, determine how the event has impacted an individual’s life, and demand proper compensation in and out of court.
Drug Makers Must Follow State and Federal Regulations to Produce a Safe Product
Drug manufacturers have the same obligations as all other manufacturers to produce products that are safe for consumers. This includes having an effective design as well as ensuring that their manufacturing process is free from errors. It is when a drug maker fails to meet these standards, and an injury occurs that a dangerous drugs lawsuit may be appropriate.
Even so, the fact that an injury occurred after taking a drug is not proof of the manufacturer’s liability. Plaintiffs in dangerous drug cases must be able to prove that it was a chemical or manufacturing error that led to their injuries. In many situations, this requires hiring an expert in pharmacology who can testify as to how a drug maker failed to use proper practices to produce a safe product. A dangerous drug attorney in Smyrna could provide more information about the legal basis for claims and help parties to locate and hire qualified experts.
Possible Complications in Dangerous Drug Cases
Drug producers invest substantial time and effort in bringing their products to market. As a result, they are likely to resist any implication that their products are unsafe or that they caused an injury. In many situations, they may try to shift blame for an injury onto a consumer.
According to O.C.G.A. §51-12-33, courts must use a concept called modified comparative negligence when evaluating personal injuries that result from accidents. In short, this means that if a jury believes that an injured person was more than 50 percent responsible for their losses, that jury cannot award compensation. Drugmakers may argue that an injury was due to a consumer’s own actions. This may include:
- Not following provided instructions
- Taking the drugs when not medically necessary
- Using the drugs in excessive amounts
- Not properly storing the medication
A Smyrna dangerous drugs attorney could help to argue that a drug maker’s error was the sole cause of an injury.
In addition, defendants may argue that a person waited too long to bring a case to court. O.C.G.A. § 9-3-33 says that most people have only two years from the date of injury to seek compensation. Talking with an attorney today could help to meet this strict time limit.
A Smyrna Dangerous Drugs Attorney is Ready to Fight for You
The makers of medications have an obligation under the law to produce a reasonably safe product. These are medications that function as intended when a patient receives proper information about potential dangers and side effects. Sadly, errors in the manufacturing of a drug can leave them in a dangerous state. Additionally, knowingly placing a product on the shelves that causes severe side effects can also result in harsh injuries.
For people who suffer undue injuries because of a drug maker’s error, a Smyrna dangerous drugs lawyer is here to help. An attorney can research the history of the drug, evaluate your losses, hire experts to help prove your case, and demand proper payments through insurance settlements or at trial. Reach out to a Smyrna dangerous drugs attorney today to get started.