Prescription medication is an important part of daily life for thousands of people in South Carolina. More often than not, these drugs are designed and used to maintain health and even sustain life. Sometimes, these drugs are rushed to market before they are fully deemed safe. If you have experienced health complications due to a dangerous or defective medication, a drug injury lawyer can help you file a claim against the drug manufacturer.
Pharmaceutical companies across the United States companies spend billions on marketing, advertising, and sales. These companies sometimes push drugs and medications on doctors in exchange for lavish perks. Many of the drugs they peddle, however, have been found to be dangerous, and even life-threatening. Dangerous or defective drugs are rampant on the market.
Placing Profits over Safety
Large pharmaceutical companies have placed increasing pressure on the Food and Drug Administration (FDA) to grant approvals faster and to lessen the restrictions surrounding test procedures. In doing so, they hope to turn a profit quickly by releasing risky drugs before adequate testing has been completed. Though these companies must move through official channels and adhere to federal regulations, the FDA will still approve a drug as long as dangerous side effects are relatively rare.
Risky prescription drugs can cause serious injury and even death. For the individual injured by a dangerous drug or the loved ones of someone killed by a risky prescription medication, the answers to frustrating questions are difficult to reach.
How could a company bring a drug to market which has unintended side effects that could injure or kill?
How could a physician, whose job it is to heal, unintentionally harm his or her patient by prescribing a dangerous drug?
Product Liability Claims Involving Defective Drugs
Defective drug claims fall under the umbrella of product liability. This means that you’re filing suit against those responsible for putting a defective product into your hands. There are three basic types of drug liability cases. These involve cases where the drug was defectively manufactured, those involving drugs that have dangerous side effects, and those that aren’t properly marketed. Each has a different manner of liability on which you’ll need to focus your case.
Cases involve drugs that have been tainted or which were not properly manufactured in some way. It could be due to an error at the factory, an issue where the drug was made or bottled at the pharmacy, an error in shipping or even in labeling. Anytime a mistake occurs between the factory and where you receive the drug is a defective manufacturing case.
Dangerous Side Effects:
Are things we all have to face with modern pharmaceuticals. However, drug companies are required by law to inform people of the potential side effects of their drug, no matter how rare. In some cases, a drug could be on the market for a long time before these side effects are discovered. In others, the manufacturer might know about a side effect but hide it. If the latter case can be proved, you may be entitled to punitive damages in addition to other compensation.
Cases involve the instructions, warnings or recommendations surrounding the drug’s use. Usually, these kinds of cases involve injuries that occur because you weren’t given adequate instructions on how to safely and appropriately use the drug. This bad instruction can come from the manufacturer, the pharmacist, the sales rep, or even a medical provider.
Your lawsuit may involve a combination of claims above. Many improper marketing claims, for example, also fall into the realm of dangerous side effects. In addition, there are a range of people potentially responsible for your claim. This can include the manufacturer, the testing lab, the drug sales rep, the pharmacy where you got the drug, and even your doctor or the hospital or clinic where you got the drug.
That’s why, when trying to pursue this kind of case, it’s vital that you seek help from a qualified and experienced personal injury attorney.
Contact a South Carolina Drug Injury Lawyer
An individual injured or the family of someone killed by a dangerous prescription drug in South Carolina often find pursuing civil action a step in continuing their lives after the devastating impact of a defective medication. Contact a drug injury lawyer to be a partner in your litigation.
The South Carolina lawyers at Harris & Graves can help you seek damages against manufacturers of an dangerous prescription drug, including:
- Physical pain and suffering, mental anguish, and physical impairment;
- Medical expenses associated with the dangerous product; and
- Loss of income and/or earning capacity.
In the tragic case of a death, surviving loved ones may bring a wrongful death action against the drug manufacturer. Your drug injury attorney can help to protect your rights, fight back against insurance companies intent on deflecting blame and avoiding payment, and get you the best shot at significant compensation.
Harris and Graves is an experienced personal injury law firms in South Carolina with offices in Greenville, Columbia, Spartanburg, Rock Hill and Florence. Our law firm has been serving South Carolina since 1977 and handles cases such as car accidents, truck accidents, motorcycle accidents, and workers compensation. To schedule a consultation with one of our practicing attorneys, please give us a call at 877-958-8038 or complete our inquiry contact form.