Huntsville Dangerous Drug Injury Lawyers
Representing injured Alabamans in medical product liability claims
You have the right to expect that your medication is safe. Most drugs are safe, and they treat the ailments they promise to treat, but some pharmaceuticals or OTC medications can cause dangerous side effects. These can result in serious injuries and even death.
At Martin & Helms, our experienced Huntsville defective drug attorneys know what it takes to get justice for those who have sustained a serious injury after taking defective drugs. We invite you to call and schedule a consultation to discuss your case and receive guidance about your legal options given the specifics of your case. You never pay attorney fees until we have recovered compensation for you.
What makes a drug dangerous?
Medications are supposed to go through rigorous testing and clinical trials that prove the drug is safe and effective. This is not always the case. Sometimes, a pharmaceutical company will become aware of an adverse effect of a drug, but neglect to share that information with consumers because it would hurt sales. In other cases, a drug might be approved for one purpose, but then the drug maker markets the drug for another purpose without the required testing and clinical trials. When used for another, “off-label” purpose, a drug may have unanticipated adverse effects. There are many factors which can make an approved drug dangerous. There are three general categories of defects that pharmaceutical drugs would fall into:
- Design defects are defects in the drug’s design or its formulation that make it dangerous.
- Manufacturing defects are introduced during the manufacturing process such as a contaminant, so it would affect only specific batches of the drug.
- Marketing defect, which is the most common claim in drug injury cases because it involves the “failure to warn” prescribing doctors and consumers about a known hazard or adverse effect.
The FDA’s role in protecting consumers from dangerous drugs
The U.S. Food and Drug Administration (FDA) is the agency in charge of regulating food and drug safety. Manufacturers of new pharmaceutical drugs must apply to the FDA for approval before they can start marketing their products to consumers. Drugs must undergo animal studies and human clinical trials to determine toxic dose levels before they complete a new drug application (NDA). Drug manufacturers are required to provide information about how the drug should be used and include potential side effects of the drug in the NDA. (U.S. National Library of Medicine)
According to the FDA Adverse Events Reporting System (FAERS) public dashboard, there were 2,156,854 total adverse events reported to the FDA in 2018 alone.
Despite the FDA’s responsibility to keep consumers safe from potentially dangerous drugs, people continue to suffer adverse effects, serious injury, and death. One of the challenges is that drug companies seem to be more focused on profits than they are on protecting the consumers. Another issue is the unhealthy relationship between the FDA and the massive pharmaceutical companies.
Examples of defective drugs which have caused harm
There have been countless different prescriptions drugs over the years which have caused harm, serious injury, or death to consumers. Here are some examples of defective drugs:
Injuries from defective drugs
The injuries that a person might suffer from taking a dangerous or defective drug are varied. (For example, compulsive gambling is a rare but serious side effect of certain dopamine antagonists, like Abilify.) Allergic reactions can be common, but may have more to do with medical negligence as opposed to a specific drug. Some of the more serious risks posed by prescription medications are:
Product liability claims in a dangerous drug injury case
To prevail in a defective drug product liability case, you must be able to prove the following:
- You took the drug according to directions
- You sustained an injury
- The drug was defective in ways that you were not warned about prior to taking it
- The drug’s defect was the direct cause of your injury
In certain product liability claims, you can include defendants throughout the chain of commerce from the manufacturer to the retailer, which might include the laboratories that tested the drug, the pharmaceutical sales rep, the prescribing physician, hospital, or pharmacy where you purchased the drug.
How can a defective drug injury attorney help my case?
Defective drug product liability cases are complicated. They require a medical subject matter expert who will help to investigate the case, review the medical records, and gather the evidence required to prove that the dangerous drug caused your injury. A Huntsville product liability lawyer from Martin & Helms is here to shoulder the legal burden so that you can focus on getting better.
One of the greatest advantages of hiring an experienced product liability lawyer, is his or her ability to negotiate with the defendant’s insurance company on your behalf. If you are not being represented by a lawyer, the insurance companies take advantage of your ignorance of the potential value of your claim, and they will offer a lowball settlement, or none at all. Whether we settle your case, or take it to trial, we fight for fair compensation for you.
How much does it cost to hire a Huntsville product liability lawyer?
Because we accept cases on contingency, you never need to worry about how much you must pay for attorney fees because you will not pay until we have recovered compensation for you. Our product liability lawyers advance the costs of pursuing your case, and we get paid as a percentage of the settlement amount, or the jury verdict.
Do not let the thought that you can’t afford to hire a lawyer cause you to lose out on experienced representation. We are here to make the process of pursuing justice less stressful for you. We even offer a free consultation where you can discuss your case and get useful feedback about your legal options.
What damages are available if I win my dangerous drug injury case?
- Medical expenses
- Lost wages and benefits
- Pain and suffering
- Emotional distress
- Loss of consortium
- Other losses
If you or someone you care about took a drug that caused a serious injury, you may have grounds for legal action. You are welcome to come and talk with our experienced Huntsville product liability lawyers to find out what we can do to pursue justice for you.
Schedule a free consultation with our experienced Huntsville dangerous drug attorneys today
After sustaining an injury after taking a defective drug, the trusted Huntsville product liability lawyers at Martin & Helms are here to fight for justice for you. You are welcome to call us at 256-203-0332 or complete our contact form to schedule a free consultation to discuss your case with a knowledgeable dangerous drug attorney. We serve injured clients in Decatur, Athens and Madison, and throughout the state.