Types of Dangerous Drug Lawsuits
Dangerous Drugs Lawyer Assisting Patients and Their Families
Patients should be able to expect that the medicines they take are safe for use and that there are no defects in the design of the drugs or defects that occur during the phase of manufacture that could cause unnecessary harm.
In addition, patients should be able to anticipate that all of the essential warnings concerning risks associated with using the product will be contained in packaging materials and labels for the medication.
However, prescription medications and other drugs often cause harm to patients. Dangerous drug claims arise under an area of the law known as product liability law.
When a consumer product is defective and causes injuries, the law allows the consumer to file a claim to seek financial compensation for losses.
If you or someone you love recently suffered injuries as a result of a taking a medication, you should discuss your options with a personal injury attorney.
What is a Dangerous Drug?
A dangerous drug is a medication that contains a defect and has the potential to cause injury.
Generally speaking, there are three different kinds of defects that can produce a dangerous drug and result in a product liability lawsuit:
- Design defect: there is something defective about the design of the medication, and as such, it is inherently defective and dangerous. It does not matter who manufactures the drug or how carefully it is made.
- Manufacturing defect: a defect occurred during the drug company’s process of manufacturing.
- Marketing defect: there is nothing inherently wrong with the product, and nothing went wrong during the process of manufacture, but the medication is marketed in a way that fails to warn consumers about certain risks and side effects associated with using the drug.
Medication Side Effects
Side effects are likely to occur with any medication within a certain number of people.
While it’s understandable that a pharmaceutical company can’t account for how a drug reacts with everyone, the trouble comes when these side-effects aren’t properly documented and added to the medication’s label to fairly warn people.
Some more serious side-effects that can occur from dangerous medications:
- Cancer of various parts of the body
- Blood Clots
- Internal Bleeding
- Heart Attack
- Liver Failure
- Kidney Failure
- Maculopathy (eye disorder)
- Birth Defects
If you believe that you have a serious condition caused by medication and were not fairly warned of the side effects, it’s important to consult a doctor, and to talk to a personal injury attorney.
VanDerGinst Law has fought many of these cases and won. You can a list of current dangerous drug types we are filing for below.
Compensation in a Dangerous Drugs Case
If you suffered injuries due to a dangerous drug you may be able to recover compensation for your
losses in two categories:
- Economic losses, including medical bills for hospitalization, treatment, prescriptions, and related expenses. If you missed work because of your complications, you can also seek lost wages.
- Non-economic losses, which are your subjective damages based upon how your injuries affect your life. Pain and suffering, scarring, disfigurement, emotional distress, and related losses fall into this category.
Good dangerous drug attorneys will work to collect your past medical records, show your proof of use, loss of income and calculate how much you may deserve to be compensated.
Understanding Iowa Product Liability Lawsuits and Dangerous Drugs
Product liability claims can arise under three different legal theories:
- Strict liability;
- Negligence; and/or
- Breach of express or implied warranty.
Cases that arise under a theory of strict liability do not require the plaintiff to prove negligence. Instead, the plaintiff only has to prove, in a manufacturing defect case for example, that the manufacturer 1) made the product, 2) that it was defective, and 3) that it caused injury.
However, it is important to recognize that there are several liability limitations and defenses available to defendants in product liability lawsuits under Iowa law. An Iowa dangerous drug lawyer can help to ensure that you present the strongest case you can in order to be compensated for your injuries.
Learn More About Getting Compensation for Your Injuries
When a consumer sustains injuries after using a defective medication, that consumer deserves to seek financial compensation.
An aggressive personal injury lawyer can assess your case today and discuss your options for moving forward with a product liability lawsuit against drug manufacturers and distributors.
Contact the team at VanDerGinst Law for a free consultation to learn more about the services we provide to plaintiffs.
To learn more about specific products that may be eligible for compensation, see our list of medications below.
The information contained on this website is presented by VanDerGinst Law P.C. It is not intended nor should it be construed as professional legal advice. The information is general in nature about the Firm, the scope of services we offer, and our community outreach, it is not legal advice. Please contact us by phone, email, mail, or via this website for inquiries. Contacting us does not create an attorney-client relationship. Please contact a personal injury attorney for a consultation regarding your situation. This website is not intended to solicit clients outside the State of Iowa and/or the State of Illinois.