Pharmaceutical Drug Injuries
We rely on manufacturers and doctors to warn us of adverse side effects or dangerous drugs. Unfortunately, in some cases, the parties we trust to act responsibly fail to advise of known harms. The negative side effects of some drugs can seriously injure or even kill consumers. The Food and Drug Administration routinely issues drug recalls and requires manufacturers to include black box warnings of side effects. Among the drugs that have been the subject of pharmaceutical drug litigation are Seroquel, Zoloft, Prozac, Yaz, Yasmin, Vioxx, Cialis, Lipitor, and Crestor. Many common drugs cause terrible side effects that consumers are not warned about. If you or a loved one suffers a pharmaceutical drug injury in Dallas or the surrounding areas, the product liability lawyers at Feizy Law Office may be able to assist you in seeking compensation.Holding Pharmaceutical Manufacturers Accountable for Dangerous Drugs
Pharmaceutical drug claims are a type of product liability lawsuit. These may be brought on the basis of manufacturing defects, design defects, or failures to warn. Sometimes there may be breach of warranty or misrepresentation issues in these cases as well. In most cases, an attorney will need to investigate the particular facts to determine which of these grounds applies, or in some cases, whether more than one ground may apply.
Manufacturing defects are deviations in construction or quality from the specifications for the drug in a manner that renders it unreasonably dangerous. These deviations likely occur during the manufacturing process and will occur in only one or two batches of pharmaceutical drugs, rather than all of them. A plaintiff will have to prove that the manufacturing defect existed when it left the manufacturer and that it was the cause of the plaintiff's injuries. A specific defect will have to be identified, and other causes will need to be ruled out.
A design defect is a flaw in the way a pharmaceutical drug is formulated or designed. Design defects occur in all of a particular brand of drugs. They render a drug unreasonably dangerous as designed, considering both the utility of the drug and the risk involved in its use. For this type of defect, a plaintiff will need to prove there is a safer alternative design possible. If there is no safer alternative, the drug will not be considered unreasonably dangerous as a matter of law. Moreover, you cannot prove a design defect by showing the defendant should have sold a different drug altogether. The safer alternative design must be for the drug at issue.
Generally, a drug manufacturer must provide an adequate warning to the end-users of the drug if it knows or should know of a potential harm that could result from use. Failure to provide this warning is what gives rise to a failure to warn case. However, in the context of pharmaceutical litigation, a drug manufacturer's duty to warn is limited to providing adequate warning to a doctor or other "learned intermediary." This person assumes a duty to pass the warnings along to the patient. The rationale is that prescription drugs are complex and can vary depending on the patient taking them, and as a result they can only be obtained through a prescribing physician. In these cases, you would need to prove that an inadequate warning to a prescribing physician caused your injuries.Discuss Your Injury Claim with a Dallas Lawyer
Pharmaceutical litigation depends heavily on the experts retained. With the help of experts, we can thoroughly investigate your case to determine what theory applies and how to try to hold a drug company responsible for your harm. The injury attorneys at Feizy Law Office can help Dallas residents assert their rights. Call us at (214) 651-8686 or contact us via our online form. We also represent accident victims in Garland, Arlington, Fort Worth, Plano, Irving, and other cities in Texas.