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Pharmaceutical Drugs and Product Liability

It is the season of runny noses, sore throats, body aches, and fevers. Flu season usually occurs in the winter during colder months when our bodies are openly exposed to cold weather. Influenza is a virus that can be transmitted through direct contact with an infected person. There are a number of ways you can avoid the flu. Washing your hands, staying away from crowded spaces, and avoiding direct contact with doorknobs are a few ways to avoid the virus. However, even with all these precautionary steps you can still become a victim of the virus. Influenza is more severe than a common cold. Symptoms of influenza are harsher and can include body aches, vomiting, and a fever. Influenza lasts much longer and often requires medication. If you find yourself sick with influenza you may feel compelled to buy prescription flu medicine.

After consumption of the prescribed drug, if you feel that you sustained injuries you may able to file a product liability lawsuit. Pharmaceutical drug liability claims are very similar to defective product liability claim. When it comes to pharmaceutical liability claims there are 3 different categories these claims can fall under.

1. Defective manufacturing

Any mistakes made in the manufacturing process are considered defective manufacturing pharmaceutical drugs. Errors made during actual manufacturing, packaging, shipping, and unloading fall under this umbrella.

2. Side effects

After consumption of a drug dangerous side effects may surface. Increased blood pressure, blood clotting, and loss of vision are just a few dangerous side effects that can build the foundation of a prescription drug liability case. In cases like this although the drug was correctly manufactured it caused harmful side effects. If you feel that the manufacturer of the drug was aware of potential side effects, but did not disclose this information you may have a strong case.

3. Lack of warning

Failure to warn, instruct, or recommend in terms of prescription drug can fall under the category of product liability. Not including proper warning or adequate instruction is a form of negligence on the manufacturer's end. Sometimes responsibility may not rest solely on the manufacturers. Doctors, pharmacists, and other medical providers can be at fault too.

It is possible that the product liability case can include a combination of claims or all three. The manufacturing, packaging, distribution, and sale of pharmaceutical drugs involve a number of people. Your product liability claim can be targeted at more than one party. You should have a clear understanding of other parties involved. Your claim can be targeted at the drug manufacturer, testing laboratories, pharmaceutical sales representatives, hospitals, doctors, or pharmacists. Pharmaceutical drug companies are usually large corporations that maintain high power lawyers to defend cases such as yours. Hospitals also hire experienced attorneys to represent them when the hospital is involved in any type of litigation. Sometimes doctors may be backed by the hospital's hired attorneys. The outcome of your case can depend on a number of factors. It is always advisable to hire an attorney to represent your product liability case.

If you have been a victim of a defective pharmaceutical drug, feel free to contact us at Colley and Colley.