Although the Food and Drug Administration regulates prescriptions and over-the-counter medications made available for public consumption, there are unfortunately many ways for defective and dangerous medical products to slip through regulatory cracks. As countless product recalls and past lawsuits have proven, not every medicine is as safe as it should be. All too often, it is regular people who end up suffering the financial, physical, and personal costs. If an unreasonably dangerous drug caused you physical harm that required professional medical attention, you should discuss your situation with a skilled injury attorney. By working with an Atlanta dangerous drugs lawyer at the Gunn Law Group, you can get the tireless support you need to protect your rights against pharmaceutical companies and corporations.
Liability for Harmful Medical ProductsIn many situations, dangerous drug claims fall under product liability law. This means there are certain situations in which a pharmaceutical company could bear strict liability for unreasonable harm their product causes when used as directed. Importantly, the fact that a medication had an unwanted or even actively harmful side effect does not always justify a lawsuit. A plaintiff and their Atlanta attorney must present evidence that the danger associated with the drug existed when the product left its manufacturer’s control, and that it was not appropriately disclosed to physicians or patients in advance.
What Makes a Drug Dangerous?In some cases, a drug may be dangerous due to a side effect or contradiction that the manufacturer should have discovered through more rigorous testing prior to releasing it to market. In other situations, manufacturers know about potential hazards associated with their product but intentionally fail to disclose them, or even take intentional measures to obscure those risks. Proving the existence of an actionable defect in a medication and establishing a causal link to the plaintiff’s specific condition can require exhaustive research and extensive documentation. Assistance from a seasoned lawyer at our Atlanta office can be vital during the litigation process for a hazardous drug case.
Recoverable Damages in Atlanta Defective Drug CasesA pharmaceutical company found legally liable for harm caused by one of their medications can be held financially accountable for every negative consequence that product has on a plaintiff, including:
- Emergency medical expenses
- Long-term rehabilitative care costs
- Lost wages and/or earning capacity
- Physical and psychological suffering
- Lost enjoyment/quality of life