Are Drug Companies Liable for Dangerous Drugs?

Liability is a complex issue in a dangerous drug lawsuit. Plaintiff’s attorneys need to investigate thoroughly to determine who is liable and ensure all defendants are included in the claim. This may include pharmaceutical companies and other parties.

Burg Simpson has extensive experience advocating for those who have been injured by defective pharmaceutical products and medical devices. A dangerous drugs attorney at our firm can assist with all aspects of a dangerous drug lawsuit, providing knowledgeable legal guidance and taking action against the parties responsible.

Call 303-792-5595 today for a FREE and confidential case evaluation. Dangerous drugs attorneys at Burg Simpson serve clients in Denver, all of Colorado, and nationwide.

When Can You Sue a Pharmaceutical Company?

Drug companies may be held liable for injury if it can be shown that (a) the drug in question was defective, and (b) the defect caused the consumer harm. The three most common defects cited in a dangerous drug lawsuit are:

Design Defects

A product is considered defective in its design when some aspect of the design features a flaw or error that makes the product innately unsafe. Design flaws may stem from nonconformance with safety standards and/or noncompliance with government regulations. With over-the-counter and prescription medications, a design defect may include unsafe formulation or increased susceptibility to contamination.

Manufacturing Defects

Errors in the manufacturing process can make a medication unsafe. These include:

• Production errors, such as missing ingredients, incorrect dosages, contamination due to unsanitary conditions, and failure to comply with design specifications
• Errors in packaging that lead to damage, contamination, or premature degradation of the drug
• Labeling errors, such as mixing up labels for two different medications, missing instructions, and incorrect dosages

Manufacturing defects may impact only a few units or an entire lot of medications. An experienced product defect lawyer can determine if you were harmed by a drug that was manufactured, packaged, or labeled incorrectly.

Failure to Warn

Drug companies have a duty to warn consumers of known side effects. Failure to warn may result in injury for which the drugmaker may be held liable.

Medications must undergo rigorous testing before they go to market. This includes clinical research on human subjects that is intended to identify potential side effects, adverse reactions, and drug interactions. If this information is not included on a drug’s labeling and packaging, it may constitute a failure to warn.

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Like many other states, Colorado recognizes the strict liability standard in products liability matters. Under strict liability, defendants may be held liable for injuries and damages caused by a product defect regardless of whether negligence was a factor.

Claims may also be brought on other grounds, including on the basis of negligence. A dangerous drugs attorney can evaluate the circumstances and determine the appropriate legal strategy.

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Can You Sue a Pharmaceutical Company for Side Effects?

All drugs have side effects. Some can be relatively minor, while others may be serious or even life-threatening. If you or someone you love suffered severe side effects (or died) after taking medication, you may have a dangerous drug lawsuit.

Lawsuits concerning side effects face two major challenges. First, it must be shown that the drug caused the side effects and subsequent injury. Dangerous drug lawyers frequently partner with pharmaceutical expert witnesses to pinpoint causation. Second, plaintiffs are generally required to prove that the pharmaceutical company was aware of specific drug side effects and failed to warn consumers and healthcare providers.

It may be difficult to prove that a drug manufacturer knew about the side effects. During litigation, lawyers can obtain internal memos, clinical trial results, and other records through the discovery process. This, combined with adverse events reported to the FDA through programs like MedWatch, may be used to establish what the manufacturer knew and when.

Consumers who suffer severe side effects and adverse reactions should keep the medication and any labels, packing, etc. A dangerous drugs attorney can review the materials to determine if the proper warnings and disclosures were included.

Other Parties May Be Liable

Pharmaceutical companies are not the only potential defendants in a dangerous drug lawsuit. It is also important to consider the role of medical professionals in prescribing medications and advising patients of potential risks.

Doctors, pharmacists, and other professionals are considered “learned intermediaries.” This means they are responsible for understanding the risks associated with the medications they prescribe and warning patients accordingly. Failure to do so can result in medication errors for which individual practitioners and, in some cases, institutions like medical clinics, hospitals, and pharmacies may be liable for drug-related injuries.

Pharmaceutical sales are a $670 billion market in the United States alone. Sadly, it is not uncommon for individuals and corporations to put profits ahead of consumer safety. A comprehensive investigation may reveal additional third parties in a drug injury claim.

Damages in a Dangerous Drug Lawsuit

Consumers may be entitled to substantial compensation for injuries sustained as a result of dangerous drugs. Recoverable damages in your case may include:

• Medical expenses: This includes all medical bills to date, such as the cost of treatment in the emergency room, hospital care, surgical procedures, etc., as well as the projected value of future medical expenses.
• Lost wages: If side effects or an adverse drug reaction causes you to miss work, you can claim compensation for lost wages. You may also be entitled to compensation for loss of earning capacity if your ability to work is diminished or permanently lost.
• Other economic losses: Economic damages refer to monetary losses from an injury. A dangerous drugs attorney can help you account for all current and future losses. This may include transportation to and from medical appointments, the cost of home and vehicle modifications, the loss of household services, and more.
• Pain and suffering: Dangerous drugs can negatively impact your physical and mental health in a number of different ways. An experienced lawyer can help quantify these losses and seek appropriate compensation.
• Loss of enjoyment of life: People take medicine to feel better. If the effects of a dangerous drug cause you to miss out on favorite activities, alter relationships with your family, and even decrease life expectancy, you may be entitled to damages.

A dangerous drug lawsuit may be handled on an individual basis or as part of a mass tort. Mass torts combine multiple, similar lawsuits against the same defendant (such as a drug company) for the purposes of efficiency. Cases are often handled via multidistrict litigation (MDL), where claims from multiple jurisdictions are transferred to a single federal court.

Experience is critical in mass torts and MDL matters. The lawsuits in a mass tort are filed separately, and damages are calculated independently for each plaintiff. You need qualified representation to prove liability in your case and maximize your compensation.

Why Choose Burg Simpson?

Do You Have a Claim Against a Drug Company?

At Burg Simpson, our attorneys are frequently appointed to lead multidistrict litigation in mass torts involving dangerous drugs and medical devices. We are well-versed in the complexities of these cases and fight aggressively for each client’s optimal outcome.

Current dangerous drug mass tort cases include:

EzriCare Artificial Tears

Multiple consumers have suffered serious infections and even vision loss after using EzriCare Artificial Tears. The products were contaminated with antibiotic-resistant bacteria.

Tepezza

Marketed for the treatment of thyroid eye disease (Graves’ disease), Tepezza has been linked to issues such as tinnitus, decreased sensitivity to sound, and even permanent hearing loss.

Truvada & TDF Drugs

Drugs containing tenofovir disoproxil fumarate (TDF) used in the treatment of HIV have been linked to serious health issues such as kidney disease and bone loss. Numerous TDF drugs are included in the litigation, including Atripla, Complera, Stribild, Truvada, and Viread.

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Experienced attorneys at Burg Simpson can review your case and determine if you have a dangerous drug lawsuit. Our firm has earned billions of dollars in compensation via multidistrict litigation and class actions. We have also achieved nationwide recognition for representing the victims of dangerous and defective drugs.

Injured by a dangerous drug? Contact Burg Simpson for a FREE case evaluation.