Product Liability Lawsuit | Pharma Lawsuits for Defective Products
Some of the most noteworthy product liability lawsuits for defective products are filed against drug manufacturers. Usually, someone is harmed by a side effect that wasn't disclosed or that wasn't known at the time that the drug was released. You'll see these lawsuits advertised on television and in the news. Manufacturers are liable when their products cause someone harm when they're used as intended. With pharma lawsuits, there are some things you have to keep in mind.
Disclosure Matters
There are some drugs out there with some side-effects that are well-known and that are disclosed to consumers when the therapy is started. If you take a drug such as warfarin, for example, which is used to help people with blood clots, the doctor will warn you that even the smallest injury may be dangerous because your blood will not stop flowing. This is an example of a drug whose side effects are disclosed and where the patient accepts those risks when they agree to take it. If a drug was found to have other side effects, however, and these weren't disclosed, there could be a lawsuit. The increased suicide and homicide risks found with the use of some antidepressants are example of defects that people have sued over.
Prescription
If you're taking a drug that wasn't prescribed to you and that is not available over the counter and suffer harm because of it, you can't really sue anyone because you were taking it illegally. The drug has to have been used as directed and prescribed drugs have to be given to you by a doctor.
Using a drug inappropriately may also make it impossible for you to sue. Abusing a drug by taking too much of it, for example, is something that is on you, not the drug manufacturer. If someone, for example, has an ADD medication and you take it illegally as an amphetamine, the manufacturer isn't really liable if it harms you; you were never supposed to use it this way.
Contacting a Lawyer
Even if you see that people have already sued a drug manufacturer over a defective product, it doesn't mean that you can't file a product liability lawsuit of your own. Product liability law firms may be interested in speaking with you if you've been harmed by a drug that was advertised as safe. Call a defective product attorney to see if filing a legal action is an option for you.
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