Utah Product Liability For Dangerous And Defective Drugs
You expect prescription drugs to be safe. Unfortunately, some prescription and over-the-counter drugs pose dangers to patients. At Handy & Handy, we are committed to helping patients in Salt Lake City and throughout Utah who have been harmed by dangerous drugs.
Determining Liability After An Injury
Pharmaceutical companies can be held liable for injuries and fatalities caused by defective drugs. Manufacturers are supposed to properly test drugs before they are available to the public and provide adequate warnings about side effects and potential hazards. Insufficient warnings and incomplete labeling are often two of the most common issues in product defect claims involving pharmaceutical drugs.
Drug manufacturers are required to test their drugs according to rules established by the U.S. Food and Drug Administration. Being licensed by the FDA does not limit liability claims against drug manufacturers when an injury occurs. Drugs can still be dangerous or defective after being approved by the FDA, partially because the side effects or hazards of some drugs do not appear until months or years after a consumer has taken the drug.
Drug manufacturers have a duty to warn consumers about all side effects. Even if you or a loved one had a rare side effect, you may still have a legal claim.
Liability claims can have multiple defendants, depending on who are involved in your specific case. Who can be held liable? Defendants may include:
- The drug company and manufacturer
- The doctor who prescribed the medication
- The nurse who instructed the patient on how to use the drug
- The pharmacist who filled the prescription
Fighting For Your Rights
Our lawyers have decades of experience navigating these complex claims on behalf of victims and their families. Our goal is to advocate for you so you can get justice. We know life may never be the same after being harmed by a defective drug. We will fight for your rights and work hard to hold drug manufacturers and all other parties involved responsible for their negligence.
As your attorneys, we will provide personal service and thoroughly review all your legal options before pursuing a claim. We will educate you about your rights so you can make the best decision for you and your family. We will build a strong case, and we are not afraid to take your case to litigation if it is in your best interests.
How Does Product Liability Apply to Dangerous Drugs?
When a consumer is harmed by any product they use, they may have recourse against a manufacturer, distributor, or another party if that product is:
- Defectively manufactured;
- Defectively designed; or
- Insufficiently or incompletely labeled.
Dangerous drugs are no different. Pharmaceutical companies and manufacturers of drugs are required to test their drugs and provide adequate warnings about any side effects and potential hazards of consuming the drugs.
Drug testing is regulated, and final drug approval is conducted by the FDA or U.S. Food and Drug Administration. Being licensed by the FDA does not limit liability claims against drug manufacturers when an injury occurs. Even those who suffer rare side effects may still have a legal claim.
Who is Liable for a Dangerous Drug Injury?
Dangerous drugs pass through multiple parties prior to making their way to consumers. Any of these parties may be liable for a victim’s injuries. However, insufficient warnings and incomplete labeling are two of the most common issues in product liability claims involving pharmaceutical drugs.
Some liable parties may include:
- The drug company and manufacturer;
- The doctor who prescribed medication;
- The nurse who instructed the patient on how to use the drug; and
- The pharmacist who filled the prescription.
Liability claims can have multiple defendants, depending on the circumstances of a victim’s case.
Recently Discovered Dangerous Drugs
Dangerous drugs are those whose side effects far outweigh their benefits. Some recently discovered dangerous drugs are:
- Propecia;
- Fosamax;
- Pradaxa;
- Zoloft;
- Reglan;
- Xarelto;
- Dilantin;
- Enbrel;
- Fentanyl;
- Yasmin;
- Low testosterone supplements;
- Lipitor; and
- Viagra.
Experienced dangerous drug attorneys keep up-to-date lists of medications. To find out if a particular prescription or non-prescription drug is dangerous, contact a Utah dangerous drug attorney.
Side Effects of Dangerous Drugs
While side effects of dangerous drugs vary, the following conditions have been reported by victims:
- Blood clots;
- Strokes;
- Heart attacks;
- Cancer;
- Liver damage;
- Pancreatitis;
- Paralysis; and
- Nerve damage; and
- Potential birth defects.
These conditions require extensive, costly medical care and can be deadly. If you believe you are the victim of a dangerous drug, seek medical help and experienced legal counsel right away.
Have You Taken a Dangerous Drug?
If you are taking or have taken a dangerous drug, there are steps to take to ensure your health. Immediately do the following:
- Do not panic. However, take any drug recall or notice seriously;
- Contact your doctor for advice on any next steps to take;
- Watch for any potential symptoms and receive medical care right away should they appear;
- Learn more about the drug from the manufacturer or their website; and
- Contact a dangerous drug attorney in your area to learn your legal rights.
Being proactive and prepared can help you to protect your health and your loved ones should any symptoms appear.
Speak To Us About Your Legal Options
Do not wait to contact us if you or a loved one has been injured by a defective drug. We will start reviewing your case right away. We provide free consultations and get paid only if we win your claim so there is no risk to meeting with us. Contact us online or call (801) 264-6677.