Each year, many lawsuits are filed based on injuries that result from dangerous drugs. In the personal injury context, the term dangerous drugs typically refers to a dangerous prescription medication or drug, for example, Concerta and statins.
The terms may also include medical devices. In certain cases, it can also involve certain treatments that revolve around the administration of drugs.
In other words, the term dangerous drugs does not always refer to illegal or illicit drugs, such as methamphetamines or opium. These types of illegal drugs are usually covered by criminal statutes and will be processed under a different set of legal principles.
What Is a Prescription Drug?
Prescription drugs are medications that may only be obtained with prescriptions from licensed healthcare providers, such as doctors or nurse practitioners. These types of drugs are usually more potent and stronger than over-the-counter (OTC) drugs.
These drugs require a prescription because they have a higher potential for serious side effects, addiction, and abuse. There are advantages and disadvantages to taking prescription drugs.
On the one hand, they have the ability to treat complex and serious conditions, are effective at managing patients’ symptoms, and have the potential to save lives. On the other hand, they may be very costly, have a potential for abuse or addiction, and may have serious side effects.
If an individual has any issues with prescription drugs, they should consult with a prescription drug lawyer who represents clients who were harmed or injured by prescription drugs. A lawyer can help an individual pursue compensation for damages that were caused by the side effects of the drug, defective manufacturing or labeling, or improper marketing or advertising.
What Are Some Examples of Dangerous Drugs?
The majority of drugs that are considered dangerous are considered so because of the risk of injury from side effects that are associated with them. Some dangerous drug cases involve manufacturer defects that cause injuries to consumers.
Examples of drugs that may be considered dangerous for consumers include:
- Actiq: Associated with overdoses;
- Actos: Associated with bladder cancer;
- Paxil, Topamax, and Zoloft: Associated with birth defects;
- Weight loss or dieting drugs: Associated with serious gastrointestinal problems;
- Suprane: Associated with heart problems;
- Nitrostat: Packaging and labeling confusion;
- Humulin R (insulin): Confusion overdosage;
- Invokana: Associated with decreased bone density;
- Xarelto: Blood thinner with no antidote; and
- Avandia: Associated with an increased risk of heart attacks.
It is common for dangerous drugs to be grouped together according to the potential side effects that they may cause. Although different drugs may be designed for different conditions, they may often cause similar side effects.
In addition, some drugs and medications that are considered highly safe may become dangerous because of:
This means that even drugs that are considered safe may cause injuries through unsafe interactions.
Can I Recover Damages for Injuries Resulting From Dangerous Drugs?
Yes, an individual may be able to recover damages for the injuries resulting from dangerous drugs. Unsafe or dangerous drugs are one of the largest categories of product liability lawsuits in the United States.
If an individual believes they have a claim that involves dangerous drugs, they should do the following:
- Keep the unused portion of the drugs or medication for reference;
- Keep all hospital bills and receipts in case they need records for damages in the upcoming lawsuit;
- Compile any witness testimony regarding the injuries;
- Create a written account of their injuries, including:
- what happened;
- why they took the medication;
- symptoms of their injuries;
- documentation of their losses; and
- Keep all records of their financial losses, including lost wages and pain and suffering costs.
An individual may present these documents and information to a personal injury attorney who can help them file a lawsuit. Their case may be made stronger if there are other individuals who have also suffered similar injuries because of the dangerous drug.
If enough individuals have suffered harm, a class action lawsuit may be necessary.
What Is Involved in a Defective Prescription Drugs and a Failure to Warn Lawsuit?
Defective prescription drugs and failure to warn lawsuits involve legal action that is taken against drug distributors, manufacturers, or other parties for injuries or harm that were caused by the prescription drug. These types of lawsuits may allege that the drug was defective or that the manufacturer failed to adequately warn consumers of the drug’s potential side effects and risks.
In order to succeed in a defective prescription drug and failure to warn lawsuit, the injured party, or plaintiff, must show that the drug was unreasonably dangerous or defective and that the manufacturer knew or should have known about the risks associated with the drug but failed to adequately warn patients or healthcare providers.
Examples of prescription drug injuries that may lead to lawsuits include, but are not limited to:
- Birth defects that are caused by the mother taking a prescription drug during pregnancy;
- Liver damage that is caused by the long-term use of certain drugs;
- Heart attacks or strokes caused by certain prescription drugs;
- Internal bleeding or gastrointestinal problems caused by certain pain medications; and
- Addiction or overdose caused by opioids or other addictive prescription drugs.
If an individual has been harmed by taking a prescription drug, they should seek medical attention and contact a prescription drug injuries lawyer to discuss their legal options.
What if I Have an Illegal Prescription?
Obtaining prescription drugs without a valid prescription is against the law and may lead to serious legal consequences. It is important for individuals to only use prescription drugs that have been prescribed to them by licensed healthcare providers and to use them only as directed.
If an individual has obtained a prescription drug illegally, they may be at risk for facing serious legal consequences, including:
- Imprisonment;
- Fines;
- Probation;
- A combination of the above.
In addition, using prescription drugs without a valid prescription may be dangerous or even deadly, as an individual may not know the proper dosage or the potential side effects. If an individual is having issues with a medical condition and needs medication, they should seek medical attention and obtain a valid prescription from a licensed healthcare provider.
Can I File for Wrongful Death From a Prescription Drug?
Yes, an individual may be able to file a wrongful death lawsuit if they believe that a prescription drug was responsible for the death of their loved one. In order to do so, the individual would have to show that the drug was defectively designed or manufactured or that the drug manufacturer failed to provide adequate warnings or instructions about the drug’s potential risks and side effects.
A wrongful death lawsuit that is related to prescription drugs may be challenging and complex, as they typically require extensive medical and scientific evidence to prove causation. If an individual believes that the death of their loved one was caused by a prescription drug, they should act quickly.
There are strict time limits in place for filing a wrongful death lawsuit. In addition, evidence may be destroyed or lost by the passage of time.
A personal injury lawyer can help an individual understand their legal rights and options and work to pursue the compensation and justice they deserve.
Do I Need a Lawyer?
If you have been injured or suffered losses because of a dangerous prescription drug, it is important to consult with a class action lawyer as soon as you can. Lawsuits involving these types of drugs are becoming more and more common, especially because there are new drugs being produced every year.
Your lawyer can review your case, help ensure you file your claim within the required deadline, and help you recover damages for your losses. Your attorney will be able to present the complex medical evidence that will be required to prove your injuries occurred.
Having an attorney handle your dangerous drug claim will provide you with the best possible chance at compensation. In addition, you may be able to prevent other consumers from suffering the same injuries and losses.
