Greensboro Dangerous Drug Lawyer
The U.S. Food and Drug Administration (FDA) oversees the approval and distribution of pharmaceutical drugs annually. However, the urgency to bring these drugs to market can sometimes shortcut the necessary clinical evaluations, potentially placing unsafe medications on the shelves of Greensboro pharmacies. These unsafe medications can lead to serious injury or exacerbate existing medical conditions.
At Lewis & Keller, we stand ready to advocate for the victims of defective medications. Our experienced team of attorneys is committed to upholding the rights of those affected, ensuring they receive the compensation they deserve for their injuries, pain, and suffering.
If you or a loved one in Greensboro has suffered due to a hazardous or defective drug, you may be entitled to compensation. Schedule a free case review with a dangerous drug lawyer in Greensboro today.
- See What Our Clients Say
- Types of Drug Injury Cases
- Potential Compensation in Drug Injury Cases
- Our Results Speak For themselves
- North Carolina’s Dangerous Drug Laws
- Common Dangerous Drug Cases We Handle
- our greensboro dangerous drug attorneys
- Who May Be At-Fault for Your Drug Injury
- How Our Greensboro Dangerous Drug Injury Attorneys Can Help
See What Our Clients Say
Types of Drug Injury Cases
Pharmaceutical companies are legally obligated to ensure the safety of the drugs they distribute. This responsibility extends beyond the initial approval. These companies are required to actively monitor the real-world application of their drugs and respond promptly to any evidence of adverse effects or heightened risk. There are a variety of drug injury cases that stem from a pharmaceutical company’s failure to do this. These case types include but are not limited to:
- Clinical trials that fail to identify serious or potentially fatal side effects across a significant portion of the medication’s user base
- Medications causing unexpected long-term harm
- Insufficient communication of information about side effects or risks, making patients and doctors unable to accurately assess the drug’s benefits and potential dangers
- Misleading marketing practices that minimize or hide serious side effects or negative interactions found after the drug is sold
- Aggressive promotion/sales tactics to doctors, encouraging the overprescription of risky or easily abused drugs, often with financial incentives
This is a complex landscape that emphasizes the need for vigilant oversight and ethical conduct by pharmaceutical companies, but also the need for informed legal representation for those affected by the pharmaceutical companies’ failures.
Potential Compensation in Drug Injury Cases
Potential compensation in dangerous drug injury cases can vary depending on the details of each case. Common forms of compensation include:
- Medical Expenses: Compensation for all medical costs related to the drug injury, including hospital stays, surgeries, medication, medical devices, and any future medical care required.
- Lost Wages and Earning Capacity: Compensation for any income lost due to being unable to work as a result of the drug injury, or any lost capacity to earn money in the future as a result of the injury.
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the drug injury. The dollar amount can vary widely depending on the severity of suffering and impact on the victim’s quality of life.
- Loss of Consortium: Compensation for the injury’s impact on the victim’s relationship with their spouse or partner.
In drug injury cases resulting in death or involving especially negligent conduct, compensation may also include:
- Punitive Damages: May be awarded to punish the defendant for especially harmful or negligent action in order to deter similar conduct in the future.
- Wrongful Death and Funeral Expenses: The family of the victim may receive compensation for wrongful death, including funeral and burial expenses, loss of the victim’s expected income, loss of companionship, and other damages.
Our Results Speak For themselves
$
7000000
Motorcycle accident resulting in paralysis.
$
3000000
Auto accident resulting in post traumatic stress disorder.
$
1393000
Workplace accident resulting in a traumatic brain injury.
North Carolina’s Dangerous Drug Laws
In North Carolina, the legal framework governing pharmaceutical drug injuries involves several key statutes and principles designed to protect consumers and ensure that pharmaceutical companies are held accountable for the safety of their products. Understanding these laws is fundamental for anyone who has suffered a drug injury and is considering legal action.
Product Liability Law
Under North Carolina’s product liability laws, manufacturers, distributors, and sellers can be held liable for injuries caused by defective products, including medications. The law covers defects in manufacturing, design, and failure to warn consumers about potential risks.
North Carolina General Statutes (NCGS) § 99B-1.1 to 99B-12: These statutes provide the legal framework for product liability cases in North Carolina, including those related to pharmaceuticals. They outline the criteria for establishing liability, including proving that a product was unreasonably dangerous and that the injury was directly caused by the product’s defect.
The Learned Intermediary Doctrine
This legal principle states that manufacturers of prescription drugs fulfill their duty to warn users of the risks associated with their products by providing adequate warnings to the prescribing physicians (the “learned intermediaries”), rather than to the patients directly. However, if a manufacturer fails to provide proper warnings to healthcare providers, it can be held liable for resulting injuries.
Statute of Limitations
In North Carolina, the specific time frame within which a lawsuit for drug injuries must be filed is generally three years from the date of injury. Failure to file within this period can result in the loss of the right to sue.
The North Carolina Unfair and Deceptive Trade Practices Act (UDTPA)
While primarily targeting unfair business practices, this act can be relevant in cases where a pharmaceutical company has engaged in deceptive marketing practices. Plaintiffs can argue that misleading information about a drug’s safety constitutes an unfair trade practice, potentially leading to triple damages if proven.
The Pure Contributory Negligence Rule
North Carolina adheres to a “pure contributory negligence” rule, under which if a plaintiff is found to be even slightly at fault for their own injury, they may be barred from recovering damages. This can be particularly challenging in drug injury cases, as defendants may argue that the plaintiff misused the medication.
Common Dangerous Drug Cases We Handle
A wide range of medications have been linked to significant health risks for individuals who have been prescribed them. Side effects can vary widely, from minor issues to severe complications, and in certain cases, may even lead to fatal outcomes.
Some well-known medications associated with serious health risks include:
- Actos
- Benicar
- Biomet Hip Implants
- Byetta
- Caldera Mesh
- DePuy Pinnacle Hips
- Eliquis
- Granuflo
- Invega
- Invokana
- Janumet
- Januvia
- NaturaLyte
- Ovarian Cancer
- Ocella
- Pradaxa
Despite the risks, many of these medications continue to be available on the market, with some carrying the FDA’s “black box” warning. This is the most serious warning from the FDA, indicating that the drug may pose significant health risks.
The FDA may recall medications if there’s conclusive evidence of long-term health impacts. However, not all harmful drugs are recalled. If you experience any concerning side effects from a medication, it’s crucial to immediately consult with your healthcare provider to discuss potential risks and explore alternative treatment options.
our greensboro dangerous drug attorneys
Who May Be At-Fault for Your Drug Injury
If you’ve suffered an injury due to a medication, determining liability can be complicated. It involves examining all parties involved in the development, distribution, and sale of the drug. Potentially liable parties may include:
- Pharmaceutical Manufacturers: These are often the first to be considered when seeking liability for drug-related injuries. Drug manufacturers are responsible for ensuring their products are safe when used as directed, properly tested, and come with accurate and comprehensive warnings about potential side effects.
- Testing Laboratories: Labs that conduct the safety tests for drugs before they go to market may be held liable, especially if there are flaws in the testing process or if they fail to report their findings accurately.
- Pharmaceutical Sales Representatives: These individuals can sometimes be held liable if they provide misleading or incomplete information about a drug’s safety or efficacy to healthcare providers.
- Doctors, Nurses, or Other Healthcare Providers: Healthcare professionals may be liable if they fail to prescribe a medication correctly or neglect to inform the patient about the potential risks of a drug.
- Pharmacies: Retail and hospital pharmacies could be liable if they dispense a drug incorrectly, provide incorrect dosage instructions, or fail to notice a potential harmful interaction with another medication the patient is taking.
- Distributors and Suppliers: Entities involved in the drug supply chain may also be held accountable if their actions contribute to the harm caused by the medication.
It’s important to note that determining liability can be a complex process and varies from case-to-case. The nature of the injury, applicable laws, and the role each party played in the drug’s development, marketing, and distribution will all influence who can be held liable in your unique case. Our attorneys can help identify all potentially liable parties in your drug injury case and help navigate the legal process to seek compensation.
How Our Greensboro Dangerous Drug Injury Attorneys Can Help
Our lawyers can provide professional support in handling your drug injury case and guiding you through the complex legal landscape to seek justice and compensation. After an initial free case evaluation with a dangerous drug lawyer in Greensboro, we’ll discuss the best steps to take to pursue the compensation you deserve. We’re here to help you understand the relevant laws and regulations, identify potentially liable parties, gather evidence to support your claim, negotiate with the insurance companies, and maximize your compensation. Contact us to get started.
