Pharmaceutics companies are required by the Food and Drug Administration (FDA) to submit a full report concerning their drugs. The report should identify the purpose, safety, effectiveness, side effects, dosage recommendations, and contraindications of the drug. Depending on the report, the FDA can approve or reject the use of medicine.
However, some pharmaceutical companies are profit-oriented and tend to give false information about the drug’s effectiveness. They also conceal details about the toxicity of the drug upon consumption. If the side effects are apparent after prolonged and extended use of the drug, the FDA can authorize a drug recall.
How do you file for a lawsuit against harmful drugs?
If you administer a drug through any administration route and it results in toxicity not indicated on the medicine, you should file for a personal injury lawsuit. You should file a lawsuit against the manufacturer of that specific drug and seek compensation.
Some of the drugs in the market are causing harmful effects to the users. In most instances the side effects outweigh the benefits of the drug. Some of the drugs that have major concerns include prilosec and the various lawsuits against the drug are seeking for prilosec recall.
The lawsuit against the drug is grouped with similar lawsuits and consolidated in a mass tort. The significant advantage of the mass tort is that it will receive attention faster than filing a lawsuit alone. The judge and personal injury lawyers need to investigate if the allegations against the drug company are right.
Requirements for a successful bad drug lawsuit
- The medical history-your medical history should indicate that you have been using the drug. The history should not report any abuse of the drug such as overdose. Also, all the contraindications indicated in the drug should be well followed.
- Injuries from the drug-the injuries experienced, such as renal failure, cancer, or increased bleeding, should be directly attributed to the use of drugs.
- The drug was defective-you need to prove that the said drug was defective. It would also be best if you showed evidence that the information omitted about the drug led to injuries.
What compensation can you claim?
- Hospitalization costs-The pharmaceutical company needs to compensate you for all hospitalization costs incurred due to injuries by their defective drug. The costs can be medical fees for treating medical conditions associated with the use of the drug.
- Lost wages-if the use of defective drugs causes severe injuries that made you unproductive, you can seek compensation for lost wages.
- Pain-the company should also compensate you all the suffering and pain caused by the defective drug.
- Funeral expense: If you lost a relative due to the administration of a lousy drug, the manufacturer should compensate you all the funeral costs.
- Compromise in your social life-you can seek compensation against diminished livelihood and loss of companionship. But you need to prove that such negative attributes are a direct consequence of the use of harmful drugs.
You have a right to seek compensation on injuries suffered by the use of a harmful drug. You can also ask for the recall of the drug from the market. For the lawsuit to be successful, you need to establish how the product is defective and the ignorance on the part of the manufacturer not to disclose all the side effects.