Rancho Mirage Dangerous Drugs Lawyer
Most people assume the medications on a pharmacy shelf are safe for use, but that is often not the case. FDA approval does not mean a drug is safe, only that its effectiveness at treating a particular condition outweighs the risk for most people.
If a prescription or over-the-counter medication you used took a toll on your health, a pharmaceutical company could be liable for your injuries. Speak with a personal injury attorney about bringing a civil claim against a manufacturer. A Rancho Mirage dangerous drugs lawyer could pursue all available legal remedies to get you a financial settlement from the drug manufacturer whose product harmed you.
Strict Liability Applies to Dangerous Drugs
A drug manufacturer (defendant) faces strict liability if an injured person (plaintiff) proves that a product was unreasonably dangerous because of a defect in its design, production, or warning label. Strict liability means a lawyer in Rancho Mirage does not need to prove the manufacturer was careless, reckless, or committed fraud. Proving the defect in design, production, or labeling establishes liability.
Most dangerous drug cases focus on design or warning label defects. To prove a drug’s design was faulty, a plaintiff must demonstrate that another economically feasible plan would produce a drug that was just as effective but less dangerous. To prove a labeling defect, a plaintiff must show that the label did not provide adequate warning about the specific health impact they suffered and they would not have used the product if the packaging had contained an accurate warning.
In many cases, a plaintiff could also bring a negligence claim against a drug manufacturer. They might allege a manufacturer did not use reasonable care when testing a medication, causing a preventable injury because of the lack of care.
Alternative Harmful Drug Litigation Strategies
Drugs frequently enter the market and enjoy popularity amongst doctors and patients before evidence of negative health effects emerges. Thousands of individuals might have suffered harm due to a particular medication by that time.
Separately litigating each of those claims is inefficient and expensive. Courts and attorneys have established two main ways of handling situations where many have similar claims against a manufacturer—class action lawsuits and mass torts.
Class Action Lawsuits
In a class action, a small group of affected people volunteers to be plaintiffs and ask a court to certify them as representatives of the people who suffered similar impacts from the same drug. If a court approves the class, the plaintiffs move forward on behalf of everyone who opts in. The class members divide any settlement equally, regardless of individual damages.
Mass Tort Cases
Mass torts are an efficient way of handling multiple cases if the plaintiffs allege differing injuries caused by the same medication. Courts consolidate individual cases, typically by region. A court asks the plaintiffs to prove their case against the manufacturer once. If they do so, each plaintiff then presents their proof of damages.
A seasoned attorney in Rancho Mirage could help with any litigation type for a dangerous drug claim.
Proceeding With a Dangerous Drug Claim
When a person who believes a harmful drug injured them consults a lawyer in Rancho Mirage, they will usually review the person’s medical records to ensure enough documentation of the health effects they suffered. They then might research to determine whether a person’s health condition connects to the drug.
If so, legal representation might determine whether other lawsuits are making the same claims. At any given time, cases are proceeding against scores of pharmaceutical manufacturers alleging significant health problems after a consumer used the medication. If a class action or mass tort lawsuit is underway, joining it might be a viable option.
If not, a legal professional could begin a case on behalf of an injured person. They will prepare a demand letter explaining the claim and proposing a fair compensation amount. Negotiations typically result in a settlement, but sometimes, a manufacturer does not negotiate in good faith, and a case goes to trial.
Rely on a Rancho Mirage Dangerous Drugs Attorney to Handle Your Claim
Many medications on the market cause serious and even fatal conditions in a percentage of the people who take them. If a medication harmed your health, the pharmaceutical company should compensate you for the harm it caused.
A Rancho Mirage dangerous drugs lawyer blends compassion for your situation with deep legal knowledge. They will provide a candid assessment of your claim and offer their best advice to get you the compensation you deserve. Make an appointment to speak with a committed attorney today.