When you take over the counter or prescription medications, you expect them to manage your medical problems and not cause additional issues. Unfortunately, people suffer injuries and illnesses every year from dangerous drugs.
According to the U.S. Food and Drug Administration, there were nearly 2.2 million reports of adverse events related to drugs and therapeutic biologic products in 2019; of those, there were 1.6 million serious outcomes and 173,875 deaths.
We believe in holding pharmaceutical companies responsible for their actions. Defective medications are still on the market, and manufacturers don’t provide adequate warning labels. That’s negligence, and you can file an injury claim or lawsuit against the drug company for putting your health and safety at risk.
DeMayo Law Offices, has the experience and vast resources needed to take on large pharmaceutical companies – you don’t have to pursue your legal claim alone. If you experienced an adverse reaction from medication our Charlotte injury attorneys can help you seek the compensation you deserve. Call (704) 333-1000 or reach us online.
Common Dangerous Drugs
Some of the drugs found to be dangerous or that are commonly associated with adverse reactions include:
- Darvon and Darvocet
- Zoloft, Lexapro, Celexa
- Low testosterone medications
- Viagra, Cialis, Levitra
- Ortho Evra
How to Establish Liability in a Dangerous Drug Case
In North Carolina, you need to prove negligence existed to file a valid lawsuit. The four elements of negligence include:
- The drug company owed you a legal duty to manufacture a safe medication;
- They breached their duty by selling a dangerous product;
- The defective drug was the cause of your injury or illness; and
- You incurred damages.
Proving the Drug Company Was Negligent
There are three major forms of negligence a dangerous drug lawsuit could involve. These include:
This happens when a drug’s design creates danger for consumers. Multiple factors that determine whether a medication has a defective design include:
- If the drug met government standards when it left the manufacturer’s control.
- If there was a practical alternative for designing the medication.
- The drug’s performance, safety, and advantages of the design the manufacturer used.
- The risk that the pharmaceutical’s design poses to consumers, despite how they use it or any modifications made.
Issues exist because of how the company manufactured the drug. These types of problems usually occur during assembly or packaging.
Failure to Warn
Even if a consumer uses the drug as intended, it could still create a hazardous condition. As long as the company provides warning labels about the potential dangers, they can continue to manufacture and sell their medications. The warnings are supposed to include the specific risks and how the user can avoid an injury from occurring.
Did the Medication I’m Taking Cause My Medical Issues?
There are some side effects of taking drugs that are completely normal. It’s on the warning label and doesn’t lead to any serious complications. However, there are times when you’re taking medication and start experiencing problems that you didn’t know could happen.
When you have an adverse reaction to a drug, it could be because the manufacturer sold something dangerous to the public without providing proper warnings about the risks. You deserve to know if an over the counter or prescription medication you’re taking could result in physical harm. If the manufacturer didn’t include appropriate warnings about the health issues you’re having, you could hold them responsible by filing a lawsuit.
You must be able to prove the drug you’re taking led to your symptoms. If you have a preexisting medical condition or injury that could possibly have some link to the side effects you’re experiencing, it will be difficult to prove the connection.
There’s evidence you’ll need to collect to show that the medication caused your injury or illness, such as:
- Empty medication bottles/packaging
- Medical records
- Witnesses that you took the drug and developed issues
- Affidavits from physicians
Damages Available in a Dangerous Drug Lawsuit
There are various economic and non-economic damages you could get compensation for if you choose to pursue a lawsuit against the drug company.
- Lost wages
- Lost future earning capacity
- Hospital, physician, and imaging bills
- Out of pocket expenses
- Emotional trauma
- Disability or disfigurement
- Physical pain
- Psychological injury, such as PTSD
- Loss of companionship or consortium
You could also seek punitive damages from the pharmaceutical company if you believe their actions justify that type of compensation. Punitive damages aren’t supposed to reimburse victims of dangerous drugs for their expenses, instead, they punish the responsible party and aim to deter similar behavior in the future.
What’s the Statute of Limitations to Sue the Manufacturer?
A dangerous drug case falls under the broader category of product liability. Product liability lawsuits involve prescription and over the counter drugs, consumer goods, and various other items consumers use. When someone takes a medication that causes them unexpected side effects, and they decide to file a lawsuit, that’s because of product liability.
The statute of limitations for a product liability case in North Carolina is three years. You only have three years from the date of your injury or illness to seek compensation from the drug company. After the deadline passes, you won’t be able to sue for this particular situation.
North Carolina also follows the discovery rule, which dictates when the clock starts running on the statute of limitations. Since medical problems from dangerous drugs often don’t appear until years later and might not immediately cause symptoms, the discovery rule could apply even after the statute passes. The clock on the three-year deadline will begin when the consumer realizes there’s an injury or illness from the medication.
Legal Fees and Costs
DeMayo Law Offices, takes cases on contingency. When you hire us, you won’t have to pay us upfront fees or costs. We don’t take a fee until we settle your case or secure a favorable jury verdict. If we don’t get paid, you don’t get paid.
Contact Our Charlotte Dangerous Drug Attorneys
At DeMayo Law Offices, we have a reputation for treating our clients like family. We care about our clients and will treat you with respect and compassion. When you hire us, you can depend on our dedication, honesty, and open communication. We’ll fight hard to ensure the outcome of your case meets your goals.
Martindale-Hubbell, a peer-rated review system, gave us the highest AV rating, which very few law firms receive. We belong to numerous prestigious legal organizations, such as the Million Dollar Advocates Forum, The National Trial Lawyers, and Multi-Million Dollar Advocates Forum. Our recognitions and awards are a reflection of the hard work we do for dangerous drug victims and the results we’re able to achieve.
If you have questions or need legal advice, you can schedule a free consultation with one of our Charlotte dangerous drug attorneys. We’ll review your case and let you know the options you have. There’s no risk to speak with us, and no obligation if you decide you want to hire a different law firm.
If you took medication and suffered from an injury or illness, call the Charlotte personal injury lawyers at DeMayo Law Offices, to find out how we can help you. We’ll fight for your justice and ensure you receive the compensation you deserve. Schedule your free consultation by calling us at (704) 333-1000, or fill out our contact form.
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