When we take drugs – prescription or over-the-counter – we do so with the belief that they will relieve the symptoms of an illness. However, there are many drugs that have dangerous side effects, even though manufacturers of these drugs have the duty and legal obligation to warn consumers about these dangers. Pharmaceutical companies also have the duty to conduct proper trials and tests to make sure that these drugs are safe for consumers.
When dangerous drugs cause injury and harm, consumers do have legal rights. Injured victims of dangerous drugs can file a product liability claim against the drug manufacturer seeking compensation for damages. The experienced NJ pharmaceutical liability lawyers at Blume Forte can help victims and their families better understand their legal rights and options.
When a manufacturer tests a drug, serious side effects may go unnoticed, and sometimes be ignored, in a hurry to get the drug out in the market. Side effects start to be noticed by doctors and patients only when sales increase and more and more patients start taking the drug. The U.S. Food and Drug Administration (FDA) is the federal regulatory agency, which oversees the approval of drugs that are sold in the United States. When side effects are reported, the FDA may require the drug manufacturer to post warnings on the label. Unfortunately, not all side effects are reported and not all dangerous drugs come with warnings until it's too late for consumers.
Drug-related product liability claims may stem from:
Depending on the circumstances of the case, there may be potential defendants who can be named in your medical product liability claim. When consumers are injured by defective drugs, the drug manufacturer can be held accountable. The challenge here is that the drug manufacturers are large corporations that retain teams of high-priced lawyers to defend these types of cases.
A testing laboratory that conducted the drug trials can also be named as a defendant if it is found to be negligent. Other parties that can be held responsible include drug sales representatives, doctors who prescribe the drug, a hospital that distributed the drug or the pharmacy where the drug was purchased.
In order to bring a successful medical product liability claim, plaintiffs must prove that they were injured by the drug, that the drug was improperly manufactured or marketed, that the manufacturer failed to warn consumers, and that those acts of negligence cause the plaintiff's injuries.
Injured victims of dangerous drugs can seek compensation for damages including medical expenses, lost wages, hospitalization, pain and suffering and emotional distress. The experienced New Jersey personal injury lawyers at Blume Forte Fried Zerres & Molinari can help investigate the details of your potential claim and advise you regarding your potential options. For more information and a complimentary consultation, call us at (973) 635-5400.
If you need to consult a New Jersey personal injury attorney, you need to contact Blume Forte Fried Zerres & Molinari. The initial consultation is always free.