Las Vegas Defective Drugs Lawyer
Many Americans believe that the US Food and Drug Administration (FDA) can be relied upon to ensure that the pharmaceutical drugs marketed in this country are safe. But what most people don’t know is that the research the FDA uses to determine if a drug should be approved is supplied by the drug’s developer and manufacturer. Pharmaceutical companies make a fortune off the drugs they sell. They are in the business to generate profits, and they are very profitable indeed. It is no wonder that the research behind many new drugs is often inadequate or flawed. The company’s rush to get a potentially profitable new drug to the market may lead them to downplay concerns and even to conceal negative data that could prevent FDA approval.
Data on Dangerous Drugs
The US Centers for Disease Control and Prevention (CDC) estimates that more than half of the drugs being marketed in this country have dangerous and sometimes deadly side effects, regardless of their having been approved by the FDA. A conservative estimate is that 40,000 people die every year as a result of taking dangerous prescription drugs, a number that is substantially higher than the number of victims of traffic accidents. But this may be the tip of the iceberg. Some medical researchers place their estimate as high as 200,000 annually.
The Legal Doctrine of Strict Liability
Generally, the manufacturers of the drugs are liable for any drug defect that causes injury to the consumer, regardless of whether or not there is evidence of negligence, under the legal doctrine of strict liability. In other words, you have only to prove that the drug was defective and you suffered damages. When the manufacturer has printed a warning label of a particular side effect, however, your lawyer may need an additional theory of liability for your dangerous drug case, for example that the pharmaceutical company was pushing doctors to prescribe the drug for an off-label use, that the warning omitted the side effect you experienced, or that the warning label wasn’t clear in articulating the danger.
Types of Product Defects
A drug defect, like other defective products, will fall into one of three categories:
- Design defects
- Manufacturing defects
- “Failure to warn,” or marketing defects
Design defects refers to an inherent flaw in the development of the drug, making it dangerous even before manufacture; regardless of how well the drug is manufactured, it is dangerous by design and potentially harmful to the consumer.
Defects in manufacturing of a drug can be a result of human error, poor or tainted components, or problems with the production process.
“Failure to warn” defects occur the labeling of the drug lacks clear or complete information on inherent dangers in the use of the drug for its intended purpose, regardless of how it is designed or produced. The manufacturer is responsible for warning the consumer of any possible hazard that might be associated with normal prescribed use of the drug, along with clear instructions for its safe use. Failure to provide adequate warnings or instructions can result in the pharmaceutical company being held liable for your damages.
In Pursuit of Justice
Many drugs are released and marketed without a full understanding of possible risks. The dangers often do not become known until people have already begun to suffer harm from taking them. But pharmaceutical companies often continue to market their defective products after evidence of dangerous side effects or death has come to light.
Fortunately, patients and their families harmed by defective drugs do have recourse against the drugs’ manufacturers and can institute a legal action to recover compensation, with the help of a well experienced defective drug lawyer. If a member of your family died because of one of these dangerous drugs, while talking about placing a monetary value on a human life may seem crass, seeking a monetary settlement is the only way to make these greedy companies take heed of the harm they are causing. They are corporations aimed at making profits, and when they must pay out compensation to those they’ve harmed, it hits them where it hurts most. One must hope that being made to pay compensatory and possibly punitive damages will have a deterrent effect and prevent the practice of releasing dangerous and insufficiently tested drugs on an unsuspecting public.
Examples of Dangerous Drugs
These are just a few of the many drugs that have been known to cause health problems and death:
- Ortho Evra
- Testosterone Therapy
- Ortho Evra
Help for Dangerous Drug Victims in Nevada
In Nevada, you will find the help you need by calling the Las Vegas law offices of attorney Eric H. Woods and arranging a no-cost interview to discuss your experience. Eric has had a long and successful career as an advocate for the injured and has obtained high dollar value settlements against pharmaceutical companies whose drugs have injured or killed the patients to whom they were prescribed. Eric understands the anguish, frustration, and grief that come with learning that the product that you expected to improve your or your loved one’s health has only harmed it, and may have even resulted in a wrongful death. He believes passionately that no one should be exposed to harm in their pursuit of improved health, and will fight aggressively and tirelessly for justice for you and your family.
It’s important that you call as soon as you realize that the drug caused your damage, because strict legal time limits are in place for filing a claim.