When you are not feeling well and take a medication that your doctor prescribes or pharmacist recommends, you expect it to relieve your symptoms. Sadly, many dangerous drugs enter the market, and they could do you more harm than good.

If you have suffered illness, injury, or lasting side effects because of a harmful medication, a compassionate attorney could help you seek financial compensation. A Wildwood dangerous drugs lawyer could advise you about your rights and your options for holding the manufacturer accountable.

When is a Medication Considered Defective?

According to Missouri Revised Statute §537.760, anyone involved in the stream of commerce has liability if a product leaves the factory in a defective condition. Defective could mean that is unreasonably dangerous when used as directed, or that the warning label the manufacturer provided was inadequate to ensure that the consumer used the medication safely.

The injured consumer does not need to prove that a defect was intentional or the result of negligence. They just have to demonstrate that the medication was unreasonably dangerous, and they suffered harm because of it.

There are three ways that a plaintiff could show that a medication is dangerous:

  • A design flaw made all doses of the drug hazardous to some or all people
  • A manufacturing or packaging error rendered a particular dose of a drug hazardous, though most stock of the product is not dangerous
  • The label did not properly warn of known side effects or did not give adequate instructions for safe usage

A patient who suffered an injury through use of a dangerous medication could claim damages even if they did not use the product precisely according to label instructions. Drug manufacturers must ensure their products are safe when used in any way that the manufacturer could reasonably anticipate. A capable harmful drug lawyer in the area could present evidence that a manufacturer should have anticipated that a consumer might use the medication in the way the plaintiff did.

Evidence a Drug is Unsafe

Seeking to hold drug manufacturers accountable when they put dangerous products into the marketplace is a difficult endeavor. A Wildwood attorney must gather compelling evidence that the drug caused the plaintiff harm.

A patient’s medical records will be critical evidence in a dangerous drugs case. The records could demonstrate a connection between the plaintiff’s use of the hazardous medication and the development of the injury or symptoms that underlie the lawsuit.

Bringing these cases usually requires testimony from medical experts to explain how the product harmed the plaintiff. Depending on the particular allegations in the specific case, it might also require evidence from engineers, pharmacists, and others who could pinpoint the error that led to the plaintiff’s illness or injury.

Statute of Limitations in Missouri

All states limit the time an aggrieved party has to bring a lawsuit against another. When a Missouri resident seeks damages through a civil claim arising from the use of a defective medication, they have five years from the date they first used the product or experienced harmful symptoms to bring a lawsuit. By contacting a skilled attorney in Wildwood, patients harmed by an unsafe medicine could be sure to meet this legal deadline and preserve important evidence for their ensuing claim.

Speak with a Wildwood Dangerous Drugs Attorney

Taking on big drug companies can be intimidating. They have seemingly unlimited resources to defend themselves, and will fight hard against claims that could subject them to significant liability.

A committed Wildwood dangerous drugs lawyer could work tirelessly to get a fair and appropriate settlement for an injured consumer. If you have suffered harm because of a harmful medication, call our team to schedule a consultation.