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The Food and Drug Administration (FDA) has a controlled drug approval process that it follows before authorizing medications for their intended use. However, FDA approval does not mean that a substance is completely safe. The FDA approves some drugs with dangerous side effects because they believe the helpful qualities outweigh the harmful ones. In other circumstances, the FDA approves a medication for a particular use, but doctors prescribe it for off-label purposes. In addition, certain drugs may initially appear safe, but side effects manifest later.

If you have been harmed because of a medication (prescription drug, over-the-counter drug, dietary supplement), speak with a personal injury attorney about a potential legal claim. Manufacturers are the usual defendants in these lawsuits, but third parties like doctors and pharmacists may share responsibility. Contact an Aurora dangerous drugs lawyer to find out more about your potential remedies.

The FDA Approval Process

To get approval to release a new drug or to market an existing one for a new purpose, manufacturers must research the substance’s efficacy and side effects. Side effects include impacts other than the intended therapeutic effect.

The FDA will still approve a drug with potentially harmful side effects if it treats a dangerous condition better than existing medications. One significant problem with medicines is that once the FDA approves them, providers can prescribe them for various reasons. Prescribing for a purpose other than the intended use is known as off-label prescribing. Many doctors end up using off-label prescribing to treat illnesses.

Whether prescribed off-label or for their intended use, prescription medication can lead to severe injuries. A dangerous substances lawyer in Aurora can assist you in valuing those damages.

The Process of a Dangerous Drug Claim

In a dangerous drug claim, it can be challenging to establish that the injuries are from the medication unless they are a documented side effect. Before filing a lawsuit, an attorney must consult with your medical team to learn the extent of the damages.

Sometimes, other patients will report having the same experience with a medication and you may join a mass tort claim, which are similar to class actions. A single court may hear evidentiary questions and decide them for all plaintiffs. However, unlike a class action suit, a mass tort claim examines each case individually since each person may have an isolated harm.

Mass tort actions often arise after people become aware of the effects of these drugs. For example, when doctors prescribed GLP-1 inhibitors for weight loss instead of their intended use, which was to treat diabetes, many people began to suffer from GI stasis. The more individuals who experience the side effects, the easier it is to link to the medication.

Each plaintiff has a damage claim based on their personal experience with the medication. Potential damages include:

  • Medical bills
  • Future medical expenses
  • Lost wages and earning capacity
  • Pain and suffering
  • Emotional trauma
  • Damages linked to wrongful death

A dangerous drugs attorney in Aurora can evaluate your injuries and suggest a potential claim.

Talk to a Legal Team About Dangerous Drugs in Aurora

Many people expect moderate side effects from medications, and prescribers may suggest ways to help counteract those symptoms. That said, few people have long-term injuries from using an FDA-approved medication.

If you are one of the individuals to experience those damages, you may have remedies to offset your financial losses. Schedule a consultation with an Aurora dangerous drugs lawyer at the Law Offices of R.F. Wittmeyer, Ltd to learn more.

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