Updated February 21, 2020
When an individual has been injured or killed from taking prescription medication or over-the-counter drugs, a drug injury lawsuit may be possible. The injury sustained can be a condition brought on by a serious reaction, side effect, or even death. To be eligible for a drug injury case, the injury sustained must have been a preventable injury had someone—such as a drug manufacturer, physician, or pharmacist—made a better move.
Before any medication ever reaches the market for sale, it must be approved by the Food and Drug Administration (FDA). However, sometimes defective medicines find their way through the system, reach the masses, and harm hundreds of people. Other times, the issue lies in the hands of improper or unclear warning labels or instructions that later cause harm. It’s also possible that the incident causing injury occurred at the pharmacy: medications were improperly handled, bottles were mislabeled, and so on.
Proving liability for a drug injury can be complicated by a couple of factors: Healthcare providers everywhere use different treatment methods, and every procedure or treatment regime has slight risk. The number one thing to always look for is that the injury was an avoidable one.
In most cases, one of these entities are held accountable for drug injuries:
Recoverable damages are similar to those in a medical negligence case. While there’s no guarantee, an attorney will typically seek compensation for the following damages:
If you or a loved one have been injured as a result of a defective drug, you are urged to contact the Indianapolis Drug Injury Attorneys of Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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