Pharmaceutical companies release products they claim will heal you and your medical condition. Instead, they sometimes provide drugs that have been improperly tested or poorly manufactured. The company may even deliberately hide known dangers. Undisclosed side effects can have a lasting negative impact on your health, but there may be something you can do about it.
A personal injury claim may help you hold the manufacturer responsible for your injuries. Consult a Burbank dangerous drugs lawyer to understand your specific rights and your eligibility for compensation.
Cases of pharmaceutical company misconduct and negligence are highly complicated endeavors. They require the application of specific defective product laws, legal procedure, and evidence rules. To prove the drug caused the plaintiff harm nearly always requires expert testimony and intricate scientific evidence.
A skilled Burbank attorney and their team could properly analyze the plaintiff’s dangerous drugs case for its strengths to determine the best path forward. A firm familiar with the legal process of a pharmaceutical product liability claim may increase the likelihood of success by providing unique insights and years of experience.
Many dangerous drugs get recalled or are given official findings by the Food and Drug Administration (FDA). While this is certainly helpful information in establishing that a particular medication is harmful, it is not required to move forward with a lawsuit.
The existence or non-existence of a recall by the FDA does not determine whether a drug is dangerous, and therefore has no bearing over whether a personal injury claim is appropriate. Specific evidence about the efficacy and safety of the drug will ultimately provide the necessary evidence to prove a claim, when applicable. A dangerous drug attorney in Burbank may be able to assist a plaintiff in compiling evidence for a strong case.
Drug companies may be responsible for a defective drug under several theories of liability.
First, if the drug company knew or should have known of certain dangerous side effects yet failed to warn of them, they may be liable for the resulting injuries.
Second, the original design of the drug may be defective and therefore harmful to those who take it. A design defect claim requires expert testimony and scientific evidence to prove, but many cases have successfully held pharmaceutical companies responsible.
Third, the manufacturing process of the drug may be defective. This can arise from unsanitary conditions, the use of improper materials, employee negligence, and other factors.
A competent Burbank attorney who understands the factors in a defective drugs case could help prove the pharmaceutical company’s liability.
California Code of Civil Procedure §335.1 sets a two-year limitations period on most defective drug claims. This period may start on the day the injury occurred or when it was or reasonably should have been discovered. Determining the accrual date of a claim can be a complicated and often contested part of a filing a claim.
To potentially avoid this issue, a plaintiff should seek counsel from a Burbank attorney as quickly as possible after a negative drug interaction.
Dangerous drugs can be incredibly damaging to not only your health, but also your finances and emotional well-being. When the pharmaceutical company is responsible for those harms, you have the right to pursue financial compensation from them.
Fight for your rights with the assistance of a Burbank dangerous drugs lawyer. Get in touch today.
Benji Personal Injury – Accident Attorneys, A.P.C.