Virginia Dangerous Drugs Attorney

All consumers have a right to expect that the prescription drugs we take will help rather than harm us. The simple act of taking medication requires a degree of trust in the manufacturers of that drug. If a drug injures or kills you or a loved one, the pharmaceutical company should be held accountable and should compensate you or your loved ones for your injuries and losses. An experienced Virginia dangerous drugs lawyer can help you hold drug manufacturers responsible when their products cause unnecessary harm.

Many clinical trials don’t reveal all of the potential dangers of drugs, which then find their way onto the market, are prescribed by physicians, and are eventually used by consumers. Pharmaceutical manufacturers, like any business, are motivated by profit, and aggressively market their drugs to physicians and directly to consumers with massive ad campaigns. In some cases, evidence may reveal that a drug company or manufacturer knew of a dangerous defect and deliberately concealed the fact or provided misleading statements on the product’s packaging or advertising. In the case of some defective drugs, civil action has shown some drug companies submit their products for U.S. Food and Drug Administration’s (FDA) approval without sufficient testing, or submit dubious clinical trial data that underplays dangerous side effects that they suspect, or know, might exist. If you or family members have been injured or if a loved one has been killed as a result of side effects of dangerous drugs, you may be entitled to compensation from the responsible drug company, and possibly other entities, for the harms and losses suffered. Depending on the case, a doctor, or even a pharmacist, might become a co-defendant.

In many dangerous drug lawsuits, a pharmaceutical company is charged with having known about harmful side effects tied to its unsafe medicine and failing to warn of such a risk. Some cases have proven that defendants knew of dangerous side effects months, or even years, in advance of FDA approval.

Recent Dangerous Drug Cases

When an FDA warning leads to a drug recall, which usually happens after injuries have already occurred, lawsuits are frequently filed on behalf of the class of injured consumers. Notable cases against drug manufacturers in recent years include cases involving injuries from:

• Actos
• Chantix
• Lipitor
• Low T treatments
• Nexium
• Pradaxa
• Prevacid
• Prilosec
• Propecia
• Risperdal

Drug stores and pharmacies have a duty to provide you with the correct medicine and prescribed dosage. Taking the wrong medicine or the wrong dosage can be frightening, and unwanted side effects may lead to serious, and potentially life-threatening, injuries. If a pharmacist makes a mistake and negligently fills a prescription, they can be held responsible for harm to the patient. It is vital that pharmacists and drug store employees pay close attention to your prescription and provide you with the correct drugs and prescribed dosage information. Always check to make sure that your local pharmacy or drug store fills your prescription exactly as prescribed by your doctor. In Virginia, if a judge or a jury finds that you are partially responsible, even 1 percent at fault, for your own injuries, this can be a complete bar to recovery. If you checked your medication and still became a victim of a pharmacy error, preserve as much evidence as you can. Keep the pill bottle or packaging, as well as the original prescription bag and drug label. These should have the prescription fill date, the medication prescribed, and the prescribed dosage.

Theories of Liability

There are three general theories of liability commonly used in defective products cases in Virginia, whether you are filing a civil claim on behalf of injuries suffered as a result of a defective drug or a badly designed automobile. Any or all of the theories can be used to prove your claim. They are:

• Breach of Express Warranty
• Breach of Implied Warranty
• Negligence

Some jurisdictions also include strict products liability, though that is not a theory that is generally recognized in the Commonwealth. You can read more about the theories of liability and how they can be used to prove your case here.

Determining Damages in Dangerous Drugs Cases

Defective drug cases often require a plaintiff to prove that there was a design defect, manufacturing error, or failure to warn of likely dangers. With the help of reliable experts in chemistry, medical treatment, and pharmacy safety, a plaintiff can pursue a claim to collect damages that include:

• Mental and physical pain
• Cost of present and future medical care
• Lost wages and future earnings
• Wrongful death compensation for surviving family members
• Punitive damages

Minor side effects can be anticipated in some patients who take prescribed drugs, but all too often the amount, and seriousness, of the injuries completely eclipse the stated benefits. If you or a loved one have suffered serious side effects from taking defective or dangerous drugs, you should speak with a personal injury attorney to determine whether you have a viable claims. Call our firm  today and we will help you find a dedicated dangerous drug lawyer to review your case.