Most medications in the United States are safe when prescribed properly and used as directed. However, pharmaceutical companies recall hundreds of drugs each year. The causes range from unsafe levels of active ingredients to dangerous packaging and insufficient warning labels.
If a dangerous drug has physically or mentally harmed you, the Law Offices of R.F. Wittmeyer, Ltd. could work to protect your rights and safety. A Kenosha dangerous drugs lawyer could discuss your options for litigation against both individual pharmacies and large pharmaceutical companies.
Adverse Reactions to Unsafe Medications
In the United States, all prescription and non-prescription drugs are regulated by the Food and Drug Administration (FDA). Manufacturers have a duty to ensure that a drug’s risks are reasonable and must warn the public of those risks. Even with the FDA’s oversight, efforts to fast-track treatments and inadequate reporting of adverse reactions allow dangerous products to reach consumers.
Possible adverse effects of unreasonably dangerous drugs include:
- Heart attack
- Congenital disabilities
- Organ damage or failure
- Psychological effects, including hallucinations, depression, and anxiety
In the most severe cases, use of dangerous drugs could result in death. An experienced lawyer at our firm could assess the circumstances of a dangerous drug case and take legal action on behalf of the injured Kenosha resident.
Who Could be Liable for a Dangerous Drug?
Any person or entity involved in supplying consumers with a dangerous drug may be liable for damages caused to the user. Responsible parties could include:
- Healthcare professionals
A well-practiced attorney in the community could help ensure that all responsible parties are identified in a dangerous drugs lawsuit.
Filing Legal Claims for Injuries Caused by Dangerous Drugs
Wisconsin law requires drug manufacturers to ensure that their products are safe when used as directed and to sufficiently warn users about the risks. If a drug harms a consumer, they may be able to file a lawsuit seeking compensation.
To prevail in a dangerous drug claim, the injured party must show that the manufacturer knew or should have known that the product was unreasonably dangerous. The manufacturer could also be liable if the instructions and warning labels were not adequate to alert the consumer to the drug’s dangers. A Kenosha resident harmed by a dangerous drug should discuss the legal requirements for their potential claim with a knowledgeable lawyer.
What is a Dangerous Drug Class Action Lawsuit?
Under Wisconsin Statutes §803.08, when the same product has harmed many consumers, their claims may be combined in a single case known as a class action lawsuit. A class-action lawsuit is a civil legal action in which one or more individuals, known as a representative party, sue on behalf of a larger group, known as a class. The requirements for a class-action are:
- The number of injured people is so large that joining all members is not practical
- There are questions of fact or law common to the class
- The claims or defenses of the representative parties are typical of the claims or defenses of the class
- The representative parties will adequately and fairly protect the interests of the class
Class action lawsuits are complex, so it is necessary to work with a seasoned attorney. The legal team at the Law Offices of R.F. Wittmeyer, Ltd. could advocate for the rights of an injured victim if their dangerous drug case becomes part of interstate or nationwide litigation against a pharmaceutical company.
Work with an Experienced Kenosha Dangerous Drugs Attorney
Unfortunately, a push to get medicines to the market quickly may lead to unsafe products reaching consumers. Each year, many Kenosha residents are harmed by over-the-counter or prescription drugs.
If you or a family member suffered an injury from a medication, a Kenosha dangerous drugs lawyer could work to recover compensation for your damages, including current and future medical expenses, lost wages, and pain and suffering. Our firm’s experienced attorneys could work tirelessly to hold the responsible party accountable for your injuries.