If you are injured, sick, or taking care of a loved one who is unwell, you trust doctors to make the right decisions aimed at helping you or your loved one get better. Unfortunately, some of the medications that are prescribed by doctors actually end up causing additional health issues.
The United States Food and Drug Administration (FDA) has investigated many of the drugs that have been known to worsen health issues and now requires warning labels to be put on those drugs, but patients are not always aware of the risks they pose.
If you or a loved one has been injured or suffered worse symptoms after taking a prescription medication, the Rogers drug injury lawyers at Keith Law Group can help you file a lawsuit to pursue compensation for your pain, suffering, and other expenses related to your injury.
Our team of expert personal injury lawyers in Rogers can start working on your drug injury case today. All you need to do is call us at (479) 326-7734 or fill out our contact form and schedule a free no-obligation consultation where we will discuss the options available to you.
Table of Contents
Types of Drug Liability Claims
Drug liability claims that Keith Law Group pursues are of 3 basic types:
- Defective Drug Manufacturing
- Drugs with Dangerous Side Effects
- Improperly Marketed Drugs
Here is a more detailed look into each of these types of drug liability claims.
Defective Drug Manufacturing
Drugs that have been improperly manufactured, which are also referred to as tainted or defective drugs are addressed in this type of drug liability claim.
The defects in the drug may have originated from the manufacturing facility or pharmacy where the drug was manufactured, bottled, or compounded. It could also be that a problem occurred during shipping or there was a labeling error.
A defective drug liability claim addresses anything that may taint the medication between its manufacture and delivery to the patient.
Drugs with Dangerous Side Effects
A drug might be properly manufactured without any defects but it may still have side effects that cause serious injury.
The cases may actually involve drugs that have been on the market for a long time before the risks were discovered or may involve cases where the manufacturer knew about the risk but still worked deliberately to conceal the dangers the drug posed to users.
In cases where the manufacturer attempted to hide the risks associated with their drug, it may actually be possible for victims to pursue punitive damages.
Improperly Marketed Drugs
If the victim of a bad drug believes that the manufacturer failed to accurately provide instructions or sufficient warnings regarding the proper use of the drug, it is actually possible to file a drug injury claim.
The improper marketing can be anything from failing to disclose information about the drug’s side effects to embellishing what the drug is actually capable of doing. This type of claim is often referred to as a “bad advice” claim, which means that the manufacturer, pharmacy/pharmacist, or even the doctor that prescribed it provided poor and/or inadequate instructions regarding the drug’s proper usage.
Who Can Be Held Liable for a Drug Injury?
If you are considering filing a drug injury claim, it is important to ensure that you account for every possible defendant. It includes all parties in the drug’s “chain of distribution” that runs from the manufacturer to the pharmacy where you purchased the medication.
Here are some of the parties that can be held liable in drug injury claims:
The manufacturer of the drug is almost always the defendant in a drug liability claim since it is their responsibility to create a medication that’s safe to use.
Large pharmaceutical companies definitely have the means to pay out damages, but they also have strong legal defense teams representing them and protecting their interests. That’s why you should only work with Keith Law to represent you if you ever have to file a lawsuit against any drug manufacturer.
The pharmacy or pharmacy technician that issued you with the medication might have misinformed about the safety of the drug. In such cases, the pharmacy or pharmacy technician could be held liable. Liability may also fall upon a pharmacy or a pharmacy technician if they either provide you with the wrong dosage or mix up prescriptions.
A hospital can also be named as one of the defendants in some drug injury claims. This usually happens if the hospital knowingly distributes dangerous medications to patients or does so for a financial kickback from the manufacturer of the drug.
Doctor Who Prescribed the Drug
Your doctor is required to warn you about all the potential side effects of prescription medications so that you can make an informed decision regarding whether or not to use it. The doctor can be held liable for damages if he/she withheld information either inadvertently or intentionally regarding the potential side effects of a drug.
Steps To Take If You Suspect A Drug Injury
If you believe that you or a loved one has suffered a drug injury, it is important to take the right steps to protect your health and legal rights. You should:
See Your Doctor Immediately
First, consult with your doctor before you stop using a prescribed medication. The doctor will review your symptoms, get you started on any necessary treatment, and prescribe a safer alternative to the drug in question.
Report The Injury To The FDA
The FDA is an agency that relies heavily on reports and adverse events to monitor drugs available for sale on the U.S. market. If a drug injury is suspected, consider filing a report through the FDA’s MedWatch program.
Keep All Your Medical Records and Medication
Keep all copies of medical records that you might be having, including labeling and prescription information. It can also be a good idea to hold on to the medication itself.
Contact A Lawyer
You should not wait to get in touch with a reputable law firm such as Keith Law. When you contact us, we will immediately start investigating your case and exploring all the legal options available to you.
Class Action Vs. Individual Lawsuits for Drug Injuries
Drug injury claims tend to be serious and patients are legally entitled to monetary compensation. You have two viable legal options available to you: filing an individual lawsuit or pursuing justice as part of a class-action lawsuit.
Class action lawsuits are usually brought forth by multiple defendants and you are free to join such a claim if you have suffered a similar injury to those that filed it. Joining a class action lawsuit is recommended for patients that suffer minor to moderate injuries. The number of plaintiffs can impress a jury or judge when the severity of their specific injuries wouldn’t.
Individual lawsuits, on the other hand, are ideal for patients that suffered severe injuries or even wrongful death due to a drug injury. By presenting just one case, a lawyer can ensure that the jury or judge will fully understand the severity of injuries and long-term implications.
How Can a Lawyer Help My Claim?
A drug injury lawyer can help your claim in a number of ways. He/she can explain your legal rights and options in a drug injury claim. He/she can evaluate the strength of your claim and file the lawsuit on your behalf. Once he/she has filed the lawsuit, the lawyer will help negotiate a settlement in the case or take it to trial. Here’s a detailed explanation of how a lawyer can help your claim:
Case Preparation/Filing a Lawsuit
Hiring an experienced drug injury lawyer in Rogers, Arkansas, is the first step towards getting the assistance you need for your accident. The lawyers will help you file a claim for compensation to help you get back on your feet.
Investigating the Case
To build a strong case for you, our legal team will investigate the incident. We have a team of medical experts and other healthcare professionals that will analyze the incident, gather evidence, and determine who is to blame.
Presenting the Case
All the evidence that our legal team gathers while investigating the incident as well as a demand letter that describes the compensation you are seeking for your injuries will be presented to the at-fault parties or defendants.
Receiving a Settlement Offer
The defendant’s insurance company will then present you and your lawyer with a settlement offer. You will then discuss the offer with your lawyer to determine whether or not it will be enough to cover your medical expenses and other damages.
You and your drug injury attorney will have the opportunity to respond to the settlement offer made by the insurance company during the negotiation stage. Most cases are finalized during this phase, but the process continues if an agreement cannot be reached.
Trial Preparation and Representation
If a case fails to reach a settlement, it proceeds to trial. A trial has several phases, which include selecting a jury, making opening statements, the plaintiff presenting the case, defendant presenting the case, making closing arguments, jury instructions, jury deliberations, and finally the verdict.
The lawsuit process can take anywhere from a few weeks to a few years due to the steps involved and the facts in specific cases. Cases that reach settlement usually resolve faster compared to cases that go to trial.
Defendants are free to appeal after the trial and jury verdict and this can add more time to the case. In some cases, the defendant appeals and the plaintiff appeals to the appeal. While rare, some cases have gone on for a decade or even longer.
Compensation for Drug Injury Claims
Victims of drug injuries are allowed under the law to seek compensation for the harm they have suffered. Several different types of damages can be pursued in drug injury claims. Here are the different types of compensation that you can pursue in a drug injury claim:
It refers to damages that can be quantified financially. Examples include past, current, and future medical bills arising from complications, loss in earning capacity, loss in benefits, lost earnings, and more.
Drug injury claims are often serious and demand extensive care. If you suffer a catastrophic or permanent injury, economic damages often involve payment for future medical bills. To determine the amount of future medical bills, medical economists and other experts must give special testimony.
Non-economic damages are those that cannot be quantified financially. Damages of this nature are aimed at putting a dollar amount on pain and suffering, emotional anguish, as well as a loss of consortium or guidance.
To calculate non-economic damages, a jury or insurance provider may rely on the multiplier method, but there’s currently no uniform calculation used for determining the exact monetary value of a person’s damages.
Drug injury cases may sometimes involve matters of gross negligence or reckless or intentional misconduct. If you or a loved one suffers injuries and other losses due to gross negligence, you may be entitled to punitive damages that seek to punish the defendant for their wrongdoing.
Get A Free Consultation With The Rogers Drug Injury Lawyers At Keith Law Group
Drug manufacturers are experienced in raising defenses whenever they face litigation due to drug injury claims. They may argue that you as the patient assumed the risk when you took the medication or that other actions or behaviors on your part contributed to the injuries.
That’s why it is so important to hire a lawyer that’s knowledgeable about what’s required to go up against major drug manufacturers and fight for your rights. If you believe that you have suffered a drug injury, you can count on Keith Law to help.
At Keith Law, we understand how drug injuries can affect the lives of victims. Our drug injury lawyers are here to answer any questions you may have if you or a loved one has suffered a drug injury. To learn more about how we can help secure your compensation, call our Rogers personal injury firm today at (479) 326-7734.