Prescription Drugs & Lawsuits | Herrman & Herrman

You can get fair compensation from the organization involved, once you can prove that their drug harmed you or caused you side effects that you were not warned about.

Prescription drugs are intended to improve health and alleviate suffering, but sometimes, they can cause more harm than good. When drugs cause unexpected side effects or adverse reactions that are not adequately disclosed, individuals have the legal right to seek justice and compensation. Understanding how to navigate a prescription drug lawsuit can be crucial for those affected.

Some people are not aware of this, but you are allowed to sue an organization if the drugs you got from them harmed you in the process, and especially if this side effect was not listed on the pamphlet. This legal avenue helps protect consumers from the negligence of pharmaceutical companies.

Grounds for a Lawsuit

Types of Side Effects

Drugs can have a wide range of side effects, varying from mild to severe. For instance, mild side effects might include:

Drowsiness: Common with medications like flu remedies.
Dry throat: Notable with asthma medications like Seretide.

On the other hand, more severe side effects can include:

Heart pain or palpitations.
Fainting spells.
Swelling in different parts of the body.

It’s the responsibility of drug manufacturers to list all potential side effects, explaining why and how they might affect different individuals. Failure to do so makes them liable if someone suffers undisclosed side effects.

Filing a Lawsuit

Suing the Organization

To file a successful lawsuit, you must prove two key points:

Causation: The side effects you experienced were directly caused by the drug.
Failure to Warn: There were no warnings about these side effects on the drug packaging or accompanying pamphlet.

Types of Claims

When pursuing a lawsuit, you can typically base your claim on one of the following legal theories:

1. Failure to Warn: This is the most common basis for drug lawsuits. If a side effect wasn’t disclosed, even if it was known to the manufacturer, you have grounds for a claim. The pamphlet should include a comprehensive list of all side effects, both serious and mild. Often, a shorter list of key side effects should also be displayed on the drug packaging.

2. Design Defect: Sometimes, the drug’s design itself is flawed. If the pharmaceutical company can prove that side effects were listed, but the design of the drug was inherently dangerous, this becomes a design defect claim.

Real-Life Implications

Over a million people each year suffer from adverse side effects due to prescription drugs. This is why dangerous drug lawsuits are crucial. They ensure pharmaceutical companies are held accountable for the safety of their products. It also incentivizes companies to conduct thorough testing and maintain transparency about potential risks.

Legal Precedents

Various high-profile cases have shaped the landscape of prescription drug litigation. For example:

Vioxx Litigation: The painkiller was linked to increased risks of heart attack and stroke, leading to numerous lawsuits and a multi-billion dollar settlement.
Fen-Phen Case: This weight loss drug was pulled from the market after being linked to heart valve damage, resulting in significant legal actions.

The Legal Process

Consulting an Attorney

If you believe you’ve been harmed by a prescription drug, the first step is to consult with a specialized attorney. They can guide you through the process, which generally includes:

Case Evaluation: Determining if your case has merit.
Gathering Evidence: Collecting medical records, drug information, and witness statements.
Filing the Lawsuit: Officially filing the claim in court.
Discovery Phase: Both sides exchange information and evidence.
Settlement or Trial: Many cases are settled out of court, but some go to trial.

Your Case

When preparing your case, documentation is crucial. Ensure you have:

Medical Records: Proof of the side effects and how they were caused by the drug.
Drug Packaging and Pamphlets: Evidence that the side effects were not disclosed.
Expert Testimony: Medical experts who can attest to the harm caused by the drug.

Compensation

Successful lawsuits can lead to various types of compensation, including:

Medical Expenses: Covering the cost of treatments required due to the side effects.
Lost Wages: If you were unable to work due to the drug’s impact.
Pain and Suffering: Compensation for physical and emotional distress.
Punitive Damages: In cases of gross negligence, additional damages intended to punish the company.

Conclusion

If you have experienced side effects from a defective drug, you may be eligible for compensation. It’s essential to act quickly as there are often time limits (statutes of limitations) for filing these types of lawsuits. Contacting a reputable law firm, such as Herrman & Herrman, can provide you with the guidance needed to pursue your case. Schedule your free consultation to explore your legal options and ensure that pharmaceutical companies are held accountable for their actions.

ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS
With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.
If you or a loved one was injured, please get in touch with us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm that holds negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus Christi, Corpus Christi South Side, Dallas, Brownsville, McAllen, San Antonio, Austin, Houston, and Ft. Worth, TX.

We remain by our client’s side, handling all aspects of their claims and attending to all legal, medical, and financial needs. That dedication combines experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients suffer from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation, and their overall need for a lawyer.

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