When a prescription or over the counter (OTC) medication causes unexpected harm, the injured party could be entitled to damages that compensate them for their harm or resulting health problems. If you were harmed by a defective medication, speak with a Creve Coeur dangerous drugs lawyer to determine whether you have a case and what you need to do to file a legal claim.
Pharmaceutical companies, prescribing doctors, and pharmacists owe patients a duty to provide them with effective and safe medications. If they fail in this duty, you have the legal right to seek restitution with the help of a compassionate injury attorney. You could receive compensation that covers medical bills, lost wages, and pain and suffering.
Defective medications fall under Missouri product liability laws. According to 36 Missouri Revised Statutes §537.760, the product must be used in a manner that an average person would under the same circumstances and that the medication was unreasonably dangerous due to various defects.
To win damages in a harmful drug case, a hardworking attorney in the area must show that the plaintiff used the medication the correct way but still sustained harm. They must also show that the pharmaceutical was defective in some manner due to a design, manufacturer, or marketing issue.
If the medication is inherently faulty because of a design error or was marketed before sufficient testing for long-term side effects, the pharmaceutical company could be held liable. However, if errors occurred during the manufacturing process, such as cleanroom contamination or deficient packaging, the manufacturer assumes liability.
Sometimes a pharmaceutical is safe to use as directed but does not feature the correct labeling that warns the consumer against misuse, potential side-effects, or dangerous interactions with other medicines. If the labeling is unclear, missing information, or otherwise incomplete, the party responsible for marketing the drug could be held responsible.
A number of prescription and OTC pharmaceuticals are now considered to be dangerous drugs, including those used to treat depression, allergies, diabetes, urinary incontinence, weight gain, and erectile dysfunction. Certain types of birth control have also caused severe side effects. Legal professionals help injured parties in hazardous drug cases involving:
Harmful drug side-effects can have devastating, even deadly side-effects. For example, Yaz’s birth control drug has been linked to blood clots, deep vein thrombosis, heart attack, stroke, and death. Actos, a drug for diabetes management, has caused bladder cancer. People who have been harmed by these medicines should seek immediate representation from a diligent attorney in the area.
As per MO Rev. Stat. § 516.120, plaintiffs have five years to file legal claims with help from a local hazardous medications attorney. Filing past the five-year deadline typically results in case dismissal. However, the state does account for certain exemptions.
If the injured individual is under the age of 21, such as a child given medication for managing a health condition, that person has five years following their 21st birthday to file a claim according to MO Rev. Stat. § 516.170. Those who are determined mentally incapacitated at the time of their injuries can also file after they become mentally competent.
Exemptions also apply to cases where the defendant is a Missouri resident but leaves the state before the injury occurred or a claim was filed. A defendant’s absence does not count against the party’s claim timeline.
Defective drugs can cause grave, even deadly harm. Therefore, you should contact a dangerous drugs lawyer as soon as you can to start the legal process and determine what damages you could potentially recover. You could receive compensation for medical bills, lost wages, and pain and suffering. Call our law firm today to speak with a talented legal representative.