When we use a pharmaceutical product to treat an illness or condition, we trust that it will make us feel better.
However, what happens in reality is often far different.
Side effects from drugs and other pharmaceutical products are extremely common. They range from relatively benign effects like headaches and drowsiness, to life-threatening conditions like stroke and heart attack.
Dealing with side effects from prescription drugs can be extremely disruptive to your day-to-day life. You might need to seek additional medical attention to treat the side effects from the original drugs, which can be costly. Add to this lost time away from work, pain and suffering and emotional distress, and an already stressful situation can become overwhelming.
If you or someone you love has suffered side effects from taking a drug or pharmaceutical product, do you have the right to sue the company to recover damages? The answer is yes, you do.
Side effects and pharmaceutical drugs
When a pharmaceutical company creates a new drug, it is required to identify potential side effects. This is done through clinical trials, which are studies of the drug in humans.
The results of these trials are then submitted to the Food and Drug Administration (FDA), which is responsible for regulating drugs in the United States. The FDA requires that all new drugs have a warning label that lists the potential side effects.
However, it is important to understand that not all possible side effects will be known at the time of FDA approval. In many cases, some dangerous side effects only become apparent after the drug has been on the market for some time and used by a large number of people.
For example, the popular antidepressant Paxil was approved by the FDA in 1992. The warning label listed side effects such as headaches, nausea, and insomnia. However, it was not until 2004 that the FDA required Paxil’s manufacturer to add a warning about the risk of suicide in children and adolescents taking the drug.
A similar situation occurred with the cholesterol-lowering drug Baycol. The FDA approved Baycol in 1997, but by 2001 the drug had been linked to 100 deaths from a rare muscle-wasting condition. Baycol was eventually taken off the market.
These examples illustrate that even though pharmaceutical companies are required to list potential side effects, they may not be aware of all the potential risks associated with their products.
When can I sue a pharmaceutical company?
If you or someone you love has suffered side effects from taking a drug, you may be wondering if you have the right to sue the pharmaceutical company. The answer is yes, you do.
However, it is important to understand that suing a drugmaker is not always easy. You will need to prove that the company knew or should have known about the risks associated with their product and failed to warn consumers.
Proving that a pharmaceutical company is negligent can be difficult. You will need to show that the company knew or should have known about the risks associated with their product and failed to warn consumers. This can be done through evidence such as clinical trial results, internal company memos and testimony from experts.
In addition to proving negligence, you will also need to prove that the side effects you suffered were caused by the drug. In some cases, this can be difficult to do. For example, if you develop a heart condition after taking a cholesterol-lowering drug, it can be hard to prove that the drug was the cause.
If you are considering suing a pharmaceutical company, it is important to speak with an experienced personal injury attorney who can help you understand your rights and options.
FDA support for your claim against the drug company
The FDA monitors cases of adverse interactions with pharmaceutical drugs through a program called the National Drug Surveillance System (NDSS). The NDSS collects data from a variety of sources, including voluntary reports from health care professionals, patients, and consumers. This data is used to identify potential safety concerns with drugs and track trends in adverse events.
If the NDSS identifies a potential safety concern, the FDA can take a number of different actions, including requiring the drug manufacturer to add a warning to the drug’s label. In some cases, the FDA may order the company to stop selling the drug altogether.
However, even if the FDA takes action against a particular drug, this does not mean that you will be unable to sue the pharmaceutical company. You will still need to prove that the company knew or should have known about the risks associated with their product and failed to warn consumers.
How much compensation can I recover from suing a pharmaceutical company?
The answer here is, “it depends.” The amount of compensation you may be eligible to receive will depend on a number of factors, including the severity of your injuries and the extent of your damages.
When you sue a pharmaceutical company for damages related to their products, you may be able to recover both economic and non-economic damages.
Economic damages are those that can be quantified in terms of money, such as medical expenses, lost wages, and property damage. Non-economic damages are those that cannot be easily quantified, such as pain and suffering, emotional distress, and loss of enjoyment of life.
In some cases, you may also be able to recover punitive damages. Punitive damages are intended to punish the wrongdoer and deter future misconduct. They are usually only awarded in cases where the defendant’s actions were particularly egregious.
Speak with experienced defective drug attorneys
If you are considering suing a pharmaceutical company, it is important to speak with an experienced product liability attorney who can help you understand your rights and options.
The attorneys at NGK Law have significant experience handling dangerous drug claims and can help you recover the compensation you deserve. Contact us today for a free consultation – (314) 350-1900
