If you or a loved one have been harmed or killed by a medication that never should have been prescribed to you in the first place, you may be able to participate in a bad drug lawsuit. This is especially true if many people have been injured by the same drug. In these cases, you could participate in a class-action lawsuit.
Although today we have standards of quality for all products on the market defective batches still get to consumers of all types of products, including drugs. In fact, a news report in 2010 found that about a third of the drugs approved by the Food and Drug Administration (FDA) developed some type of problem after they were released to the public.
If you have taken a specific drug and suffered from unusual side effects or other problems, you may qualify for a bad drug lawsuit. In order to decide if you do, it is important to understand what constitutes a bad drug.
Medical Instructions Are Insufficient
All drugs should come with instructions regarding how they should be used. If a manufacturer neglects to include that information, you may take the drug improperly. This could lead to worsening symptoms or even other problems that were not included in any warnings.
Failure to warn is another issue that occurs when a manufacturer markets a drug as effective for a specific condition it has not been approved to treat. If the manufacturer markets the drug to treat the second illness without getting FDA approval and something goes wrong, you may qualify for a bad drug lawsuit.
Flaws in Design
Side-effects are common with every drug, and a manufacturer is responsible for informing the public of those side effects, no matter how rare. However, in a push to sell a new drug, manufacturers may fail to disclose harmful side effects.
Too often today, drugs are rushed to market, which may lead to flaws in the design of the drug. There could be problems with the coating of a tablet or the length of time it takes for the drug to be released. This could lead to a worsening condition or the development of another condition, leading to qualification for a lawsuit against the manufacturer.
Manufacturing Defects
You may have seen reports in the news about drug recalls for one reason or another, even those that were designed for over-the-counter use. When a company finds a problem in the manufacturing process, it will recall certain lots of drugs in order to protect consumers. There may have been a mix-up on one of the lines where two drugs were mixed accidentally.
If the manufacturer catches the issue before the drug goes to market, there is usually no problem. However, they sometimes may not know this occurred until someone has an adverse reaction to the medication. If this happened to you, it is possible you are eligible for a bad drug lawsuit.
What Compensation Is Available
A bad drug lawsuit is a form of medical malpractice, and the compensation available is similar to what you could get if a doctor made a mistake during your medical treatment. You may be eligible for compensation for:
● Funeral costs if a loved one has died
● Loss of consortium if a loved one has died
● Lost future wages if a loved one has died
● Lost wages
● Medical bills
● Pain and suffering
● Reduced earning capacity
If you have suffered an injury or a worsened illness due to a drug you have taken, whether it is over the counter or prescription, or if a loved one has died from a bad drug, you may want to consider reaching out to a lawyer about your options.