Nearly every American alive uses drugs, whether temporarily or on a long term basis. From diabetics who require regular insulin shots to a child taking cough medicine, most Americans take the presence of safe and effective drugs as a given. Unfortunately, that is not always the case and some individuals and families fall victim to defective medications, causing problems ranging from inconvenience to serious injury or death. When this occurs, finding effective defective medication lawyers is a vital step in receiving a just compensation.
Types of Defective Medications
The term defective medication encompasses a variety of issues which may help determine what parties are liable for the victim’s losses. Among the most common types of defective medications are the following:
• Design defects are defects that are inherent to the drug. In many cases, this will include severe and unnecessary side effects that cause injury or even death. In many cases, these side effects will not manifest until sometime after the drug has been taken.
• Production defects arise when the specific supply used by the victim has been rendered harmful via some failure in the manufacturing process. Poor quality control or substandard materials are often at fault in this case.
• A failure to effectively instruct the user in the proper way to use the drug, such as a failure to warn about possible side effects or other serious dangers.
Finding the Responsible Parties
Determining the liable party is one of the most important duties for defective medication lawyers. While the manufacturer will often be at fault, doctors, and pharmacies can often share the blame or even be primarily responsible for the defective drug. In fact, misdiagnosis is a common reason for drug related problems in America. In many cases, a pharmacist may fail to provide effective instructions in the use of the drug, or incorrectly fill out the prescription, resulting in injury to the user. In both of these cases, an effective lawyer may include the doctor and pharmacist in the legal action.
Obtaining Adequate Compensation
Defective medication lawyers will focus on obtaining the needed compensation for the victims of defective drugs. The amount of compensation an attorney seeks will be modified by a wide variety of factors, including the following:
• The medical bills incurred by the victim of the defective drug.
• Lost wages on the part of the victim and any caregivers.
• In cases where death resulted, compensation for the victims family.
In some cases, a lawyer may be able to obtain a settlement from the responsible parties, sparing the family from having to pursue a court case. However, only an experienced attorney can determine whether a settlement is acceptable.
When considering what action to take, victims of a defective drug should consult an experienced personal injury attorney. The law firm of Eric. J Hertz, P.C. is capable of evaluating defective drug cases, and victims should contact them at their website or by calling 404-577-8111 immediately.