Every year, prescription or over the counter medicines severely harm millions of Americans. If this statistic describes you or a family member, there are options for financial compensation for your losses. An Elgin dangerous drugs lawyer could help you hold the pharmaceutical industry accountable and recover appropriate funds to compensate for your current expenses and future needs. No one deserves to pay for the consequences of a harmful medication, so contact an experienced personal injury attorney to discuss your circumstances.
Adverse Reactions to Medications
The U.S. Food and Drug Administration (FDA) regulates all aspects of bringing medications to market. However, this oversight is not an absolute guarantee of safety. Accepted practices such as fast-tracking a treatment, or deceptive manufacturer tactics such as improper reporting may allow dangerous products to reach the public.
Regardless of how rigorous the approval procedure is, no medication comes without risk of side effects. Unfortunately, many problems and complications only manifest years after the drug’s introduction. To some extent, the public accepts this reality, but manufacturers have a duty to ensure that the risks are reasonable.
The following conditions are examples of unreasonable, adverse effects that have resulted from common drugs.
- Internal bleeding
- Organ damage
- Bone deterioration
- Birth abnormalities
- Heart attacks
- Psychological impacts (anxiety, depression, suicide)
The list of unsafe drugs that have caused these devastating conditions include products that are readily available in the pharmacy, such as talcum powder or Zantac, as well as prescriptions such as Zoloft, Celebrex, and Accutane. A skilled lawyer with experience in dangerous drug cases could provide counsel for whatever type of harmful treatment in Elgin caused a victim’s suffering.
Lawsuits Against Unsafe Drugs
When dangerous drugs enter the marketplace, someone must act to protect the public. In some cases, the FDA orders a recall or the manufacturer voluntarily pulls the treatment from store shelves. Unfortunately, recalls are rare or often occur too late, leaving wounded patients unsure of how to stand up for their rights. However, with dedicated legal advocacy from the Law Offices of R.F. Wittmeyer, Ltd., victims could seek justice individually or as part of a mass tort litigation (also known as a class action lawsuit) under Illinois Consolidated Statutes (ILCS), Chapter 735, Section 5/2-801.
Proving Pharmaceutical Industry Responsibility in Elgin
Anyone involved in connecting consumers with the defective drug (e.g., manufacturers, suppliers, wholesalers, healthcare professionals, pharmacies, or hospitals) may face liability for adverse reactions. Importantly, establishing fault for a defective drug in Illinois does not require negligent behavior. Instead, those suffering ill effects may rely on the theory of strict liability, as identified in 735 ILCS 5/13-213(a)(3). A local dangerous drugs attorney could help hold parties in the commerce stream accountable by showing that they failed in one of three areas:
- manufacturing, or
Design defects are problems with the product formulation and may require evidence that a safer, alternative design existed.
Manufacturing deficiencies focus on production and quality control processes. In other words, where mistakes may undermine the drug’s integrity and expose the public to tainted or substandard goods.
Marketing defects put consumers at risk by improperly or falsely advertising the drug, providing inadequate warning labels or use instructions, or inappropriately promoting the drug to healthcare providers, resulting in incorrect prescriptions.
Each of these avenues requires a rigorous attorney to build a case based on company records, scientific data, witness interviews, and expert witnesses. Our legal team has the staff, resources, and experience to launch an in-depth investigation and uncover the facts to support suitable compensation for victims of harmful drugs.
Take Action with an Elgin Dangerous Drugs Lawyer
When you or someone in your a family sustains a devastating injury after taking a presumably safe medication, you may feel anger toward the companies who put it on the market. Pursue effective civil action by hiring an Elgin dangerous drugs lawyer who could represent your interests. Our team of seasoned attorneys could guide you through the process of holding pharmaceutical companies accountable. Call today for a free consultation.