Almost every drug contains some side effects, from a homemade panadol to the most potent antibiotics sold on the market. Some may be minor such as to go unnoticed by the drug user, while other side effects can be so severe as to cause other medical complications or even death. A drug may be appropriately manufactured but contains side effects. Conceivably, one of the commonly experienced side effects occurs in the gastrointestinal system, where one may experience nausea or have an upset stomach. Other side effects may occur on the skin. To find the drug side effects, the user should look at the label given or on the printed materials that pack the drug.
Suppose you have suffered serious side effects because of taking a pharmaceutical drug. In that case, you may have a claim against the drug manufacturer, sale representative, or even the physician who prescribed the drug.
Table of Contents
Drug Side Effects
Each year, many American citizens have unexpected visits to their physician due to experienced drug side effects. While some side effects fade away with few counteracts, others severely affect the body, which breeds other serious ailments that harm the body for a long time. If in such a situation, you may file a defective product liability claim. In most filed cases, victims have claimed that the manufacturer knew about the side effects but decided to conceal them deliberately. Coming up with such a lawsuit will depend on the damages you have suffered. Since you may not be in a position to estimate your damages, it’s advisable to look for the best attorneys in Anchorage, Alaska. Some of the common side effects that cause injuries which later leads to victims filling lawsuits include but not limited to:
- Congenital abnormalities: Some of the medicines taken during pregnancy are the cause of congenital abnormalities, such as babies born with missing limbs.
- Brain defects: Most of the brain drugs used can trigger serious side effects. A health professional should give the right information to users before administering the drugs.
- Cardiac defects: There are certain drugs whose side effects may result in heart attacks.
Due to the chemical structure, some drugs can’t help but trigger side effects. Thus, the manufacturer has to ensure they give adequate warning to the users.
Filing Your Pharmaceutical Drug Side Effects Claim
You can file your pharmaceutical drug side effect claim under the below:
- Defective manufacturing claim: The said drug may have been improperly manufactured or was tainted. Also, there could be an error when the drug was being labeled.
- Failure to warn claim: The drug manufacturer has to indicate proper instructions about the side effects of each drug they manufacture. The information should be on the packaging or any prescribing list. One can also sue a doctor who may have failed to warn the drug’s potential side effects before a prescription.
- Pharmaceutical drugs with side effects claim: Although a drug may be manufactured appropriately. It may contain side effects that could lead to serious side effects. One of the most common cases is where a certain drug has been on the market for a long time, and users have complained about its side effects.
It may seem easy to identify potential defendants in a product liability case, but it requires the right evidence to file a drug side effects claim. You may be forced to consider having to get everyone involved in the chain of distribution until the drug came to the user. This could be the manufacturer, lab technician, hospital, doctor, or even the pharmacist who finally sold the drug. If your case is successful, you can be assured of getting the below damages:
- Economic losses such as medical bills, lost wages, etc.
- Non-economic losses such as pain and suffering, loss of consortium etc.
- Punitive damages: To receive punitive damages, you must prove that the manufacturer knew about the side effects but decided to conceal them deliberately. These damages will make sure that the manufacturer never repeats the same mistake.
Seeking Legal Guidance
Side effects vary for each patient, depending on their age, weight, or the disease they are suffering from. In the same way, pharmaceutical drug side effects claims are different. If you think a certain drug caused adverse side effects that could have been known by the manufacturer or the doctor, you may have a claim. The best way to handle your claim would be to seek legal guidance from a lawyer who deals with such cases.
If you or your loved one has suffered from adverse side effects of a drug administered to you by a medical doctor, this may have changed your way of life. If it’s determined that your case involves negligence, you may claim compensation. The best decision you can choose is to discuss your situation with a seasoned lawyer who has expertise in such an area