While most prescription and over-the-counter medications sold to American customers are reasonably safe to use as directed—unfortunately, this is not the case for every product that reaches pharmacy shelves. Every year, numerous Texas residents suffer serious harm due to undisclosed side effects or contraindications with their medications, sometimes to a life-altering degree.
If you believe a drug you were prescribed or purchased over-the-counter was unsafe, speak with a Baytown dangerous drugs lawyer about your legal options as soon as possible. Cases of this nature can be exceptionally difficult to pursue alone—allow the knowledgeable personal injury attorneys at the Kirk Law Firm, PLLC to provide you with the assistance necessary to maximize your financial recovery.
Are Manufacturers Always Liable for Dangerous Drugs?
Much like manufacturers of other consumer products, the companies and corporations that make medicines and other medical products can bear strict liability for harm their product causes to consumers under certain circumstances. However, the last part of that sentence is critical, as the fact that a medication had an undesirable or even physically dangerous effect on a consumer does not always mean litigation is possible.
Most successful dangerous drug lawsuits are built around the assertion that a plaintiff suffered harm because of a specific defect in the drug’s formulation, manufacture, or marketing. In other words, it is generally necessary to show either that a drug contained unreasonably dangerous substances when a safer and affordable alternative was readily available, was contaminated in some way during manufacture or packaging, or—most commonly—did not contain complete and accurate instructions about appropriate dosages, known side effects, and potentially dangerous interactions with other medications.
Examples of medications that have given rise to dangerous drug claims in recent years include:
Our seasoned Baytown defective drug attorneys could help pursue litigation over these or any other unreasonably dangerous medication.
Recovering Through Mass Tort Litigation
Because the manufacturers and sellers of medications are often massive multinational corporations, any single person attempting to demand civil compensation from such a large company has almost no chance of achieving a positive case outcome, even with overwhelming evidence on their side. In light of this, many defective drug cases proceed as some form of mass tort litigation, through which multiple plaintiffs may work together to pursue compensation for similar losses caused by a single defendant’s misconduct.
Any compensable loss that could be factored into a typical personal injury claim could also be included in a mass tort claim, including economic damages like medical expenses and lost work income as well as non-economic damages like physical pain and emotional anguish. Our dangerous drugs lawyers in Baytown could identify losses that a particular person could have grounds to seek recovery for and, as applicable, help them start or join a mass tort claim against the party or parties responsible for those losses.
Call a Baytown Dangerous Drugs Attorney for Help
Dangerous and defective medications result in thousands of serious illnesses and millions of dollars in financial and personal losses every year—most of which could have been avoided altogether had it not been for the negligence or outright greed of major pharmaceutical companies. Achieving fair financial recovery from these massive corporations can be next to impossible without guidance from experienced legal counsel.
A Baytown dangerous drugs lawyer the Kirk Law Firm, PLLC could provide the support and guidance necessary for you to effectively pursue your claim. Call today for a consultation.