Painkillers are a category of drugs which are taken by individuals to achieve relief from pain. They may also be referred to as analgesic or pain relievers.
There are numerous different examples of painkillers, which range from medications individuals can purchase over-the-counter to stronger medications which require a prescription. These types of medications, especially those requiring prescriptions can be addictive, so it is important to use them carefully.
In recent years, there have been numerous painkiller lawsuits that have been filed in connection with prescription medications and painkillers. These lawsuits usually involve the injuries which are connected with the side effects of the drugs, which are often manufactured from powerful opioid ingredients.
Common painkiller side effects individuals may experience may include:
In certain cases, the side effects may be more severe. In some cases, these side effects may be life threatening. These types of side effects may include:
Examples of painkiller medications which are associated with a high risk of experiencing side effects include:
These types of drugs are also commonly connected with criminal conduct, for example, the illegal sale of prescription drugs.
The party that can be held liable for injuries resulting from pain killer side effects depends on the facts and circumstances of each unique case. There are various parties that may be held liable for these types of injuries.
In certain cases, a manufacturer of a prescription painkiller may be held liable for injuries which were caused due to a defective product. For example, if the drug product which is put into packaging does not match the label of the packaging.
Another example would be when a manufacturer fails to provide consumers with sufficient warning language with the product when they receive it. These types of claims are usually based on product liability laws.
In other types of cases, medical professionals or pharmaceutical professionals may be held liable for a prescription error that causes injury to a patient. For example, if a doctor prescribes painkillers to the wrong patient or if they prescribe the wrong dosage of a painkiller, they may be held liable for injuries which result from that error.
The individuals or parties that are manufacturing counterfeit pain killer drugs may also be held liable for injuries which their substances cause. In addition to being illegal, these types of drugs are typically produced under conditions which do not meet medical health and safety standards and, therefore, may drastically increase the risk of injury to individuals who ingest them.
An injury from a painkiller may be serious and, in certain cases, life-threatening. In some cases, legal action may be required in order to provide an injured party with compensation for their injuries.
In injury lawsuits involving painkillers, a monetary damages award may be issued to the party that is not at fault, or the plaintiff. The damages which are awarded are intended to compensate the individual for their losses associated with the injury, which may include:
In cases that involve a product defect, a pain killer recall may also be issued.
A drug recall may be issued by the Food and Drug Administration (FDA) when an unsafe medication or drug is placed in the public consumer market. A recall for an unsafe drug requires a manufacturer of the drug to cease distributing the drug and to withdraw the product from the market.
A drug recall involves some type of notification which informs the public that a particular product is unsafe. These notifications may be issued online by the manufacturer or through the news or a federal government publication.
The FDA is the federal agency that does most of the monitoring of drug safety in the United States. Specifically, the FDA has a branch that is called the Center for Drug Evaluation and Research (CDER).
The CDER conducts research regarding drug products in order to evaluate their:
Although the CDER does not actually test a drug, it does interact with drug manufacturing companies to ensure that drugs as well as other medicinal products are safe for use by the general public.
If the FDA or the CDER determines that a drug is not safe for consumption by the public, it will notify the organization or company which manufactures the drug. The agency will typically order the manufacturing organization to issue a recall.
That company will then be required by law to voluntarily recall the product. If the company does not comply with the recall order for any reason, the FDA has the authority to see legal action pursuant to the Food, Drug and Cosmetic Act.
The FDA may obtain an injunction, or a court order which contains specific instructions for the manufacturer and the product that is being recalled. This process may also lead to the seizure of the remaining drugs by federal authorities.
It is important to note that, if a drug has been recalled, an individual should stop taking it immediately. If the individual does not stop taking the recalled medication and suffers injury due to the side effects, their chances of obtaining compensation for their injuries decrease drastically.
Generally, the FDA monitors several categories of products in relation to drug recalls, including:
In many cases, these categories of products are required to have FDA approval before they can be distributed to the public. Just because a product has been approved by the FDA however, does not always mean that it is one hundred percent safe.
For example, even if a product is safe, it may become dangerous based on other factors, for example, a lack of clear instructions or warnings. In addition, products which have been approved by the FDA may become unsafe over time or when they are used in conjunction with other products.
A painkiller lawsuit may be complex and usually requires the assistance of an attorney. It will likely be in your best interests to consult with a defective products lawyer in your area if you need assistance with a legal claim.
Your attorney will be able to advise you whether you may be eligible for monetary damages, inform you of the laws in your state, and represent you in court. These cases often require the testimony of medical experts. Many large companies have the funds and the ability to present a robust defense to any claims made against them.
Having an attorney on your case gives you the best chance of receiving compensation for your injuries related to painkiller side effects.
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