While over the counter and prescription drugs are heavily regulated in the United States, faulty medications can still make their way to consumers. When this happens, many people can suffer devastating harm as a result of taking these unsafe medications.
If you or a loved one suffered unexpected side-effects or illness due to taking a harmful medicine, consider speaking with a St. Louis dangerous drugs lawyer. A knowledgeable attorney could help you build a strong claim for damages and hold the negligent pharmaceutical companies legally accountable.
All medications have the risk of side-effects. However, when a drug results in an unexpected reaction or does not properly warn of the risks associated with it, it could be considered dangerous.
There are three circumstances under which a consumer and their local attorney may file a civil claim against a drug manufacturer. The first is due to a design defect. This occurs when the medication is unsafe for consumer use due to its design. For these dangerous medicine claims, the injured consumer and their local attorney must show that the drug manufacturers could have reasonably used a safer design.
Manufacturing errors can also occur during the creation of a drug. These errors often only impact a specific batch and not the product as a whole.
Lastly, drug manufacturers are also required to provide sufficient warnings of potential side-effects and risks associated with taking the medication. Failure to provide warnings labels of all known risks could be grounds for a dangerous drugs claim.
An injured consumer can recover a variety of damages after suffering harm from a dangerous medication. A St. Louis lawyer could help an injured consumer calculate all their economic and non-economic damages that resulted from them taking a faulty drug. These damages can include:
Punitive damages are available under Missouri law only if the attorney provides clear and convincing evidence of intentional wrongdoing on the part of the defendant. These damages are generally reserved for rare cases.
Dangerous drug lawsuits generally fall under the personal injury statute of limitations. Under Missouri §516.140, plaintiffs have five years to file a personal injury lawsuit. If a doctor or pharmacist is implicated, a medical malpractice lawsuit may be filed, carrying a two-year statute of limitations.
Medications are supposed to help us not cause us more harm. If you took a medication that caused you to suffer harm or illness, you could have grounds for civil recourse. A dangerous drugs lawyer could review your case and help you determine how to best move forward with your claim.
Pharmaceutical companies do everything in their power to avoid legal liability. Therefore, you should take every step to protect your right to compensation. Call our office today to schedule your initial consultation.