Many Americans make use of various types of drugs during their daily routines. Ranging from headache remedies to prescription drugs for heart conditions, these drugs are vital to the long-term health and comfort of their users. However, in many cases, defective drugs can lead to serious injury or death on the part of the users. When that occurs, bad drug lawsuits are used to obtain compensation for the injured individuals.
Defective Drugs and Lawsuits
Bad drug lawsuits usually focus on how the drug was defective and contributed to the injury or death of the user. Additionally, these lawsuits work to identify the party that is at fault for the injury. Among the most common drug defects are the following:
• Design deficiencies are problems that are inherent to the design of the drug, such as severe and unlisted side effects.
• Marketing defects are defects that have been caused by the failure of the manufacturer to provide proper instructions and warnings for the use of the drug. A common example would be the failure to note potentially dangerous interactions with other drugs.
• Product defects embody failures in manufacture, quality assurance or storage, resulting in a defective item. These defects may due to a third party’s actions, such as a pharmacy storing medication at the wrong temperature or past its expiration date.
Other Legal Issues
In addition to demonstrating the defective and dangerous nature of the drug, bad drug lawsuits often work to establish other facts that can help the victim recover proper compensation. These include determining the parties that were at fault and how best to proceed with a lawsuit. Finally, a lawyer handling the lawsuit may seek to obtain a settlement, rather than proceed to a trial.
Third Party Liability
Pharmacies, shipping companies, stores and doctors may be found at fault for improperly storing or administering drugs. In many cases, professionals fail to effectively explain how to use the drug to their patients, resulting in injury or death. In other cases, an otherwise effective drug may have been improperly prepared or stored by a pharmacy. In these cases, a number of individuals and groups other than the drug manufacturer may face legal action.
Seeking Legal Settlements
Finally, an effective attorney will often seek to spare his or her client the stress of a court case by seeking an acceptable settlement. When confronted with a strong case, many companies and individuals will agree to a settlement in order to avoid the negative publicity attendant to a court case. A skilled attorney can ensure that such a settlement is in their client’s best interests.
Consulting with a skilled attorney is vital when considering bad drug lawsuits. By contacting Eric. J Hertz, P.C., either online or at (404)-577-8111, a detailed evaluation of the injured party’s case will be conducted. By doing so, the victims of defective drugs can receive the professional legal assistance they need.