When you take a drug prescribed by your West Virginia doctor, it is with the expectation that it will improve your medical condition, not make things worse or place you at significant risk for injury. However, defective or dangerous drugs do sometimes cause harm to consumers, and sometimes, the consequences of bad medication can result in serious complications or death.
If you believe that you are the victim of a dangerous drug, you may have grounds to move forward with a civil claim. However, it is not prudent to take these matters into your own hands, but it is most beneficial to seek professional guidance first.
Drug-related product liability claims
Defective pharmaceutical products can cause great harm to consumers, but a products liability claim allows these individuals to fight back and claim compensation for their pain and suffering. Manufacturers have the responsibility to thoroughly test their products before releasing them to the public, as well as ensure that it meets the criteria set forth by the Food and Drug Administration.
When products do not receive adequate testing, rules are bent or warnings not provided to consumers, it can result in significant harm. While the manufacturer does bear the burden of liability in defective drug cases, it is also possible that the prescribing doctor also shares some of the responsibility.
The manufacturer's responsibility
It is not always easy to secure compensation from the manufacturer of the drug that caused you harm. However, if the company failed in its duty to you as the consumer, you may have a case. The manufacturer could be liable if it failed in the following responsibilities:
- Proper, extensive testing of the drug
- Warning consumers of possible side effects
- Continued updates to physicians about newly discovered potential adverse effects
These cases are complex, and successfully securing rightful compensation requires both a close knowledge of the law and experience in these types of liability cases.
The recovery you deserve
If you suffered harm because of the dangerous effects of a drug prescribed to you by your doctor, you can protect yourself and your interests by first seeking a full understanding of your legal options.
If you do have grounds for a products liability claim against a drug manufacturer, you may be able to claim restitution for everything you suffered, including medical expenses, lost wages from missed work, temporary or permanent disability and even emotional and physical pain and suffering. You have the right to a reasonable expectation of safety when taking medicine, as well as the right to fight back when things go wrong.