3 Ways to Prove Your Defective Drug Claim
You trust pharmaceutical manufacturers to help you recover from frightening conditions with the care and safety that you deserve. The unfortunate truth, however, lies in the fact that some are in it only to put profits over people. When that happens, you could be left fighting off life-threatening conditions like breast cancer and the negative side effects that these drugs cause.
Injuries caused by defective drugs can cause life-long damage and hardship, and for victims, it can be the start of a very overwhelming and confusing time. You deserve answers from the manufacturers of defective drugs, and our product liability attorneys aim to get them.
If you are injured due to a defective drug, namely the chemotherapy drug Taxotere, our Taxotere attorneys at Hotze Runkle can help you challenge drug manufacturers in order to receive the settlement you are owed. As an added benefit, a product liability claim can essentially punish manufacturers, causing them to pull defective drugs from the market, require the addition of new warning labels, and save others from certain harm.
Proving Defective Drug Cases
The pharmaceutical industry is one of the largest in the United States, but they are still subject to laws and regulations by the Food and Drug Administration (FDA). Like other civil suits, you will need to prove you were injured, prove the drug you took was defective or wrongly prescribed, and then prove that it was this defect that caused your injury.
Below you will find an outline of what to do if you are injured because of a defective drug, as well as three common types of pharmaceutical liability cases.
1. Prove You Are Injured
The first step of this process is arguably the simplest. You will need to prove that you have been injured, not just that you could have been injured. For instance, if you are prescribed a drug incorrectly but notice before you take it, then you haven’t been injured, and your claim won’t stand.
A trip to the hospital can not only diagnose what side effects you are enduring because of the defective drug, but it can also document that you have received treatment for your injuries and paid a large expense for something that wasn’t your fault. Save these documents for your product liability attorney.
2. Prove the Drug Was Defective
The second–and far more complicated–step is to prove that the drug was defective, falsely advertised, or misprescribed. In product liability, you will namely see these three types of cases:
- Defective Manufacturing – Defective manufacturing can cause injuries to the public by providing a bad or impure form of the drug. This could mean that the drug was mislabeled or swapped with another medication. The FDA can punish manufacturers who haven’t kept their standards high enough to ensure patient safety, but there is a statute of limitations on this sort of claim. This means you should come forward as soon as possible after being injured.
- Dangerous Side Effects – Another cause of defective drug injuries is the concealment of dangerous side effects by the manufacturer. For example, in Taxotere claims, excessive tearing is a real symptom that users experience and were not told about. In other cases, this can include side effects that the manufacturer missed during testing. This sort of claim is particularly hard to prove, so the help of an experienced product liability attorney is vital.
- Improperly or Falsely Marketed – There are several different ways that the improper or false marketing of a drug can lead to injury. This could include improper or incomplete warning labels that lack the information needed to prevent injury.
It also includes injuries sustained due to “off-label” use recommended by a doctor or pharmacist. If your doctor has prescribed you the wrong drug, or prescribed you a drug improperly, you can sue them for malpractice. If you don’t read or follow the warnings and directions given to you by your pharmacist and doctor, however, you are unlikely to win a defective drug case.
You should always read over the list of warnings and instructions just in case, even if you discussed them with your doctor. Your pharmacist is required to ask if you need any new medications explained in order to cover their own liability, so you should be able to check the information and instructions with them. Taking a risk with your health just isn’t worth it.
3. Prove This Defect Caused Your Injury
The next step is to prove that it was the defective drug that caused your injury and not something else entirely. An experienced product liability attorney is absolutely crucial for this step, helping you attain expert testimony that shows your claim has merit. An expert testimony makes a vast difference in the outcome of your claim. Evidence brought forth from medical, engineering, or accident recreation specialists can help your attorney present stronger evidence to prove the defective drug caused your injury.
There are also different laws in place in each state that are meant to protect the public from defective drugs. Each case is different, which is why you need an attorney who will address your individual needs.
Excessive Tearing Caused by Taxotere? Trust Only One Law Firm To Represent Your Case!
You may be entitled to compensation meant to cover your pain and suffering, medical claims, lost wages, and reduced quality of life. While defective drug cases like those brought against the manufacturers of Taxotere are similar to other civil cases, it is important to find an attorney with the right experience.
Our team of national litigators at Hotze Runkle have the experience, determination, and ability to help you get the compensation you deserve if you have suffered excessive tearing as a result of being treated with Taxotere.