Updated June 8, 2022

What Is a Drug Injury?

Drug Injuries

Most patients trust both their doctors and the pharmaceutical companies to advise them about the possible adverse effects of the medications they are being prescribed. But sometimes, this information is not passed along appropriately.

In some instances, pharmaceutical companies may fail to disclose risks. Other times, doctors simply make mistakes. Whatever the reason, the outcome can be brutal. A lack of proper information means patients are unable to make fully-informed decisions.

The legal team at WKW has the experience and knowledge of the medical field to fight for the compensation you deserve. 

Who Is Responsible for Drug Injuries?

There are many factors involved when it comes to determining who is responsible for your drug-related injury. Sometimes drug manufacturers will forge data or illogically market their products. Other times, the Food and Drug Administration (FDA) may exhibit poor judgment about whether or not a drug should be approved for the market. Then there are the times when physicians fail to review drug risks before prescribing them to their patients.

Whatever your particular scenario may be, our attorneys at WKW can help you pinpoint the responsible party.

Prescription Drugs Under Investigation 

The following are examples of drugs that have been—or are being—investigated by law firms across the country, including WKW: 

Impotence treatment (as they relate to melanoma):

  •   Viagra
  •   Cialis

Blood thinners: 

  •   Xarelto

Proton Pump Inhibitors, or PPIs (as they relate to chronic kidney failure):

  •   AcipHex
  •   Dexilant
  •   Nexium
  •   Prilosec
  •   Prevacid
  •   Protonix
  •   Zegerid

What Is a Drug Injury?

A drug injury occurs when a person is injured or killed by a prescription or over-the-counter medication. This may lead to a lawsuit. Both sustained injuries and death may be brought on by a reaction, a mixture of multiple drugs, or a side effect.

Damages in a Drug Injury Lawsuit 

Damages are those injuries or losses that occur as a result of medical negligence. Our attorneys at WKW will help you seek appropriate compensation for:

  •   Medical expenses
  •   Lost income
  •   Pain and suffering
  •   Diminished quality of life in the case of a permanent injury
  •   Funeral/burial expenses

Common Effects of Defective Drugs 

  •   Heart attack
  •   Stroke due to hemorrhages
  •   Diabetes
  •   Increased blood pressure
  •   Internal organ damage
  •   Depression

Corporate Push to Promote Prescription Drugs

Recalls are happening more than ever before because many drugs have been connected to carcinogens. Popular drugs, such as Zantac and Valsartan for blood pressure, have been recalled in the past decade.

Despite these examples, the FDA often takes a long time to enact changes as they review reports on patients who claimed harm. Still, the agency will act quickly if the reports are excessive and dangerous. 

Filing Dangerous Medicine Lawsuits

Lawsuits can be filed by patients who were harmed by defective medicines. These types of cases fit within the guidelines of liability law. Cases like this may result in a significant reward because of the amount of harm that was caused.

Both economic and non-economic damages may result from defective medical lawsuits. Here is a list of the kinds of damages that may be recovered:

  •   Medical bills (past and future)
  •   Lost earnings
  •   Rehab care
  •   Medical expenses
  •   Pain and suffering
  •   Emotional distress
  •   Lost consortium (also referred to as loss of companionship)
  •   Punitive damages
  •   Wrongful death

Compensation amounts are specific to each case and are based on damages, injuries, and the cost of bills related to the injury.

How Does a Dangerous Drug Lawsuit Work? 

To start a defective medicine lawsuit, you should contact our team at WKW in Indianapolis. We will help you evaluate your claim and decide whether it may be filed in court.

From there, your attorney will take you through the discovery process. Any relevant documents from the drug company itself will be examined. Cases about recalls often involve multidistrict litigation. In this type of court case, plaintiffs put all of their information together to help further the discovery process.  So, WKW often partners with other law firms and plaintiffs on cases involving dangerous drugs.

Some cases may result in a settlement while others may go to trial. We always work closely with scientists and medical experts to make your case as strong as possible.

How to Win a Defective Medication Lawsuit

Defective medicine lawsuits are comparable to any liability lawsuit. First, a drug must be proven defective in one of three ways:

  1. There was a design defect that caused an injury.
  2. There was a dangerous manufacturing defect.
  3. There were marketing issues that failed to alert patients to side effects.

But proving a defect is not enough on its own. There must also be injury that occurred as a result of that defect or failure. This is where medical and scientific experts will play a key role. It is important to have a product liability lawyer examine how the product was designed. Often, drug companies will know about a defect but will ship out the product anyway. 

Filing a Dangerous Medication Recall Lawsuit 

Have you recently taken a medication that is now being recalled? Here’s what to do:

  •   Monitor your medical condition—even if you don’t feel different.
  •   If you notice strange side effects, contact your doctor immediately.
  •   If you were injured, collect all medical records that support the damage.
  •   Keep track of expenses resulting from any side effects.
  •   Contact WKW.

Here at WKW, we will evaluate your case to determine the best course of action. 

FAQs

Can I Sue Over Medication Recall? 

Most often you can. There is a reason the medication is being recalled—be it design, manufacture, or marketing. You can receive compensation for medical bills, lost wages, pain and suffering, emotional distress, and/or punitive damages.

Does the FDA Recall Drugs?

They may be responsible for doing so, along with drug manufacturers and pharmacies.

Doctors may be liable for damages if their patients experience adverse effects from medications.

Pharmaceutical companies might be responsible for releasing a drug without proper testing.

Why Are Drugs Recalled? 

There are various reasons why a particular drug may be recalled. In all cases, the ultimate issue is whether or not the patient’s safety is threatened by the drug’s design or manufacture. Improper development, testing, and prescribing can all cause danger to the patient.

What Are Some Examples of Drug Recalls?

In recent years, millions of people have been affected by recalls of Zantac and Fen-Phen. These medications had the potential for great damage to the lives of the people taking them.

Some terrible side effects of medications can include heart attack, pancreatic cancer, deep vein thrombosis, and tics—like tardive dyskinesia—from psychiatric medications.

The Aftermath of a Drug Recall

When a drug is recalled, it is pulled from the market immediately. Drug manufacturers may initiate this recall if they discover damage is being done to patients. The FDA may issue a recall as well. In most cases, people will be instructed to stop the medication immediately. Some will be instructed to slowly come off of it. 

Classes of Drugs 

There are three different classes of drugs that can cause serious issues. Class I is the most dangerous, but even some Class III drugs can lead to death. 

Voluntary Drug Recalls

Without demand by the FDA, a pharmaceutical company may issue a voluntary recall. Still, they will likely be in close contact with the government before doing so. There are thousands of voluntary and involuntary recalls every year.

Cost of Hiring a Lawyer

We only collect money if you successfully settle or win your case. This means we work on a contingency fee basis. It’s important that our services be accessible to everyone.

Can I File for a Loved One?

Yes. This is most often the case when it comes to the wrongful death of a spouse or a parent who lost their child to the effects of medication. 

I’ve Been Hurt By a Medical Device. What’s Next?

State and federal laws strictly regulate medical device manufacturers. This is done to ensure extensive testing and care is given to these items before they are marketed to the public. As a result, manufacturers must be aware of risks and inform doctors of these risks.

Call your medical care professional immediately if you believe a device has caused you injury. Should your doctor agree with your assessment, contact a lawyer at WKW as soon as possible to pursue compensation through a lawsuit. Your pain and suffering should not go unseen.

How Does the FDA Approve Devices? 

There are two ways for a device to get to market after the FDA has given it clearance. There is premarket approval and premarket notification.

Premarket approval occurs when the product goes through a series of clinical trials to ensure the device can be safely used for its original intention. 

Premarket notification occurs when a device is proven to be as safe as an already approved device. This is also called a 510(k).

Why Do Dangerous Medical Devices Go Public?

Sometimes, manufacturers will withhold negative results to ensure their product hits the market. This can be done in order to pass a 510(k). Through this off-label usage, a product may end up being used for something other than what it was originally designed for.

Unfortunately, this may result in serious harm to its users. It’s very possible that a pharmaceutical company knew of its downsides but did not disclose them.

Contact a Drug Injury Attorney Today 

If you or a loved one have been injured as a result of a defective drug, we urge you to contact the Indianapolis drug injury attorneys here at Wilson Kehoe Winingham. Our firm can help you get the full and fair 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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