Every day, patients rely on the guidance of healthcare professionals when taking prescribed or over-the-counter medication. While many medications have the possibility of side effects, some are so inherently dangerous that they should be removed from the market.
If you have sustained injuries due to a dangerous drug, you may have the right to pursue a civil claim against the manufacturer with the help of a dedicated personal injury attorney. A Ballwin dangerous drugs lawyer could provide insight into your possibility of success during the claims process.
While no two dangerous drug cases are the same, many of them fall into three primary categories: manufacturing defects, dangerous side effects, and marketing defects. A dangerous drugs attorney in the area could pursue each of these types of legal claims.
When it comes to dangerous drugs, many problems could occur during the manufacturing process. This may involve errors during the design phase or other complications with manufacturing, shipping, or storing the drug.
The majority of medication—both prescription and over-the-counter—carries some risk of side effects. Sometimes these side effects are mild, but in other situations, certain drugs could carry serious side effects for a small subset of the population.
Problems arise when these side effects become unreasonably dangerous. It could be possible to pursue a claim against a drug manufacturer if its testing failed to identify a dangerous side effect that the public should be aware of.
The term “marketing defects” relates to the general failure of a drug manufacturer to sufficiently warn the public of hazards related to a medication. Sometimes, these failures involve the lack of appropriate warning labels. This may also make a product defective when the instructions for taking it are unclear. If the manufacturer makes it challenging to take the drug safely, they could face civil liability.
While the victims of a dangerous drug incident have some time to develop a legal claim, the opportunity is not limitless. Under a legal theory known as the statute of limitations, a person injured by a dangerous drug must file their lawsuit by a set deadline or entirely miss out on their opportunity to recover compensation.
This deadline is set at five years by Missouri Revised Statute § 516.210, meaning that a person harmed by a dangerous drug must file a lawsuit within five years of the date of the injury. The failure to file suit within that five-year time frame has irreversible consequences, like the court preventing the plaintiff from pursuing the case any further.
A local drug injury attorney could help a victim adhere to these deadlines. A dedicated attorney could keep track of all the important deadlines and legal factors for a dangerous drug lawsuit.
If you suffered harm because of a dangerous drug, you might be entitled to a monetary award. The thought of pursuing a lawsuit against a drug manufacturer might seem daunting, but a loyal and relentless attorney could work to get you the compensation you deserve.
Before you file against a reckless drug company, seek out experienced legal counsel to stand by your side. Enlist the help of a Ballwin dangerous drugs lawyer today.
