If you have been injured by a pharmaceutical drug, you are probably angry, confused, and ready to sue. However, due to a US Supreme Court decision, you may not be able to. Even though nearly 80% of prescriptions filled in the United States are generic prescriptions, our Supreme Court has essentially said if you suffer serious side effects from one of these drugs, you cannot likely cannot sue the manufacturer. This is due to a preemption issue between federal and state law, which an experienced personal injury lawyer in Los Angeles can explain to you in further detail.
However, if you or a loved one were injured by a ‘name brand’ pharmaceutical, you might have a products liability case. Product liability is a type of personal injury case that arises when a consumer is injured by a defective or dangerous product. Ideally, a drug manufacturer would be held liable for any defect in the drug that causes injury to you, whether the maker was negligent or not. However, for a dangerous drug case, a savvy defective drug lawyer will often use an additional theoriy of liability because most drugs have warning labels that inform consumers of the side effects. Alternative theories of liability include that the side effect was not included in the warning, that the manufacturer advertised the drug for an off-label use, or that the warning label was not clear as to the potential danger to the consumer.
If you were injured by a generic drug, you should still speak with a lawyer. You may be able to sue for financial recovery under a different theory or legal claim. However, as with most personal injuries, there is a statute of limitations that says if you wait too long to bring your lawsuit, you will not be able to recover compensatory damages.
You might believe that because your doctor prescribed the medication for you or a loved one, you do not have any legal rights. This is generally not the case.
Common side effects of dangerous prescription drugs include;
- Heart attack
- Stroke due to hemorrhages
- Increased blood pressure
- Internal organ damage
- Depression, which may lead to an increased chance of suicide
This list is not exhaustive. If you have experienced any of of these side effects, or another side effect not listed above, as a result of taking a prescription drug, reach out to the aggressive Los Angeles trial lawyers at BIKLAW today. We have successfully sued drug manufacturers on behalf of injured clients and recovered hundreds of thousands of dollars on their behalf.