Pharmaceutical companies create many over-the-counter and prescription drugs that help people who have various illnesses. However, many medicines do not go through proper testing and receive Federal Drug Administration, or FDA, approval prematurely. This rush and inefficient approval process can often lead to consumers suffering injuries.
If you or a loved one took an over-the-counter or prescription medication and it caused harm, you may have the right to seek damages from the pharmaceutical company or manufacturer. A Cleveland dangerous drugs lawyer could help you fight for the just settlement you deserve. Contact a skilled personal injury attorney today to schedule a consultation and get started on your claim.
There are three main categories that most dangerous and defective medications cases fall within. An experienced Cleveland harmful drugs lawsuit attorney could help a plaintiff determine which kind of defect their specific medication falls under. The three primary types include:
A design defect occurs at the beginning stage, during the formulation of the drug. This type of defect affects every medication the pharmaceutical company produces using the same design.
A manufacturing drug defect occurs during the production of the medication. It may happen if a toxin enters the mixture or there is a mix-up of components while creating the batch. The flaw will only affect the bunch being manufactured at the time of the defect.
A failure to warn defect occurs during the marketing of a drug. It may also relate to the instructions the manufacturer provides. If the marketing material or instructions does not give adequate and clear warnings and a consumer suffers injuries, the court would hold the pharmaceutical companies accountable.
After successfully establishing that a defective and dangerous drug caused injuries, the court can award compensation to cover various damages. These may include, but are not limited to:
After a successful civil claim, the compensation would cover any damages and losses that relate to the injuries from taking the drug.
After sustaining injuries because of another party’s negligent actions, the civil court requires a plaintiff to sue within two years of the accident. However, per the Ohio Revised Code Section 2305.10, the claimant has two years from the date a medical professional discovers the damages related to the defective drug.
Often, the injured party may not know they sustained injuries immediately. For that reason, this state statute allows more time to file a claim. A diligent defective and dangerous drugs lawyer in Cleveland could handle the legal work and filings to ensure a person sues within the legal timeframe.
If you or someone you love took a prescription or over-the-counter medicine and sustained injuries, a civil court could hold them financially accountable. There is a system to ensure these injuries and illnesses do not occur; however, many suffer injuries every year because a manufacturer did not correctly follow the process.
Drug producers and pharmaceutical companies have a team of lawyers and will vigorously defend against a dangerous drugs claim because injuries are often costly. Therefore, reaching out to a seasoned attorney could help you secure an adequate award. If you sustained damages after taking a medication, contact a committed Cleveland dangerous drugs lawyer to schedule a meeting.