Filing a Wrongful Death Lawsuit Against Drug Companies

The Short Answer:

Filing a wrongful death lawsuit against a drug company is a big decision. These cases are complicated and challenging. If you lost a loved one because of a drug company’s negligence, you should at least consider filing a lawsuit. Now the question is, “What do you need to consider before filing a lawsuit?”

1. Do you have evidence?
2. Did the drug cause serious side effects that were not disclosed?
3. Was there a recall, FDA warning, or prior lawsuits about the drug in question?
4. Has a doctor or medical expert confirmed that the drug contributed to the death?

In this article, we will discuss these factors and more to help you know when you should sue a pharmaceutical company for the wrongful death of a loved one.

Key Takeaways

• Families may file a wrongful death lawsuit against a drug company if a loved one died due to a dangerous or defective prescription drug.
• Under product liability law, pharmaceutical companies can be held responsible for manufacturing defects, failure to warn about risks, misleading marketing, or failure to recall unsafe drugs.
• To prove a wrongful death claim, families must show that the drug was defective, the company was negligent, and the medication directly caused the loss of their loved one.
• Wrongful death compensation can include medical bills, funeral costs, lost income, emotional suffering, and–in rare cases–punitive damages.
• Hiring a North Carolina wrongful death attorney can help families build a strong case, navigate legal challenges, and maximize potential compensation.

Understanding Wrongful Death Lawsuits Against Drug Companies

When a loved one dies due to a dangerous or defective drug, families may have the right to file a wrongful death lawsuit against the drug manufacturer. In North Carolina, these lawsuits allow families to seek compensation for medical expenses, funeral costs, lost income, and emotional suffering. These lawsuits typically arise when a drug causes catastrophic injuries due to defects, undisclosed risks, or improper marketing.

Who Can File a Wrongful Death Lawsuit?

Under North Carolina law, wrongful death claims must be filed by the personal representative of the deceased’s estate, which may be any of the following:

• Spouse of the deceased
• Children of the deceased
• Parents (if the deceased was unmarried or had no children)
• Personal representative of the deceased’s estate

If there is no named representative, the court can appoint one.

What Compensation Can Families Recover?

If a pharmaceutical company’s negligence or misconduct caused the death, families may recover damages for:

• Medical bills and end-of-life care
• Funeral and burial expenses
• Lost financial support and wages
• Pain and suffering
• Loss of companionship

Punitive damages may also be included if the drug company acted recklessly or knowingly ignored safety risks. However, these are rarely awarded.

How Long Do You Have to File?

North Carolina has a 2-year statute of limitations for wrongful death lawsuits. Missing this deadline can mean losing your right to seek compensation. Because cases against drug companies can be complex, it’s important to speak with an attorney as soon as possible.

How Drug Companies Can Be Held Liable for the Death of a Loved One

Pharmaceutical companies have a legal and ethical duty to ensure their drugs are safe and properly labeled. When a medication causes harm due to negligence, the drug manufacturer can be held liable under product liability laws and wrongful death claims. There are several ways a drug company may be responsible for a loved one’s death:

1. Defective or Dangerous Drugs

A wrongful death lawsuit can arise if a drug contains a design defect, a manufacturing flaw, or unreasonably dangerous side effects. A pharmaceutical manufacturer can also be held responsible for medications that are rushed to market without adequate testing if they cause harm.

2. Failure to Warn (Inadequate Labeling)

Drug companies must provide clear warnings about potential risks. If a company fails to disclose dangerous side effects, drug interactions, or proper usage instructions, it may be liable. If a company omits crucial safety information, mislabels a product, or fails to update warnings after discovering new dangers, it may also be held liable.

3. False Advertising & Misrepresentation

Some pharmaceutical companies exaggerate a drug’s safety or effectiveness while downplaying risks. If a patient dies after using a drug based on misleading marketing, the company may be sued.

4. Contaminated or Improperly Manufactured Drugs

Mistakes during production can lead to contaminated, improperly dosed, or defective medications. Even if the drug’s design was safe, errors in manufacturing can make it deadly. If this is the case, the manufacturer may be held responsible.

5. Failure to Recall Dangerous Medications

If a company discovers a drug is unsafe but delays or avoids recalling it, it can be held responsible for resulting deaths.

What You Need to Prove in a Wrongful Death Lawsuit Against a Drug Company

Winning a wrongful death lawsuit against a pharmaceutical company requires proving that the drug directly caused your loved one’s death and that the company acted negligently or wrongfully. So, if you’re wondering, “Can I sue a drug company for wrongful death?” The answer is yes, but you will need strong evidence.

Key Elements of a Strong Wrongful Death Case

1. The Drug Was Defective or Unsafe – This could mean the drug had serious side effects, manufacturing defects, or misleading safety claims.
2. The Drug Company Was Negligent – The manufacturer failed to properly test, label, or warn consumers about risks.
3. The Drug Directly Caused the Death – Medical records, autopsy reports, and expert testimony must show that the drug was the primary cause of your loved one’s passing.
4. Your Family Suffered Damages – This includes medical expenses, funeral costs, lost wages, and emotional suffering.

You will need to gather strong evidence to prove these key points, but a wrongful death attorney in North Carolina can help collect and organize these records. The following documents can also be used as evidence when filing a wrongful death lawsuit against drug companies:

• Prescription history to confirm the drug was taken as directed.
• FDA warnings, recalls, or past lawsuits against the drug.
• Financial records proving lost income and financial hardship.

Loopholes Drug Companies Use to Avoid Liability

There are certain circumstances where a drug company can avoid liability in a wrongful death suit. This is usually reserved for drug companies that produce generic versions of popular name-brand drugs. In 2011, a court case known as Pliva v. Mensing decided that generic drug companies are beholden to FDA rules for drug safety instead of state rules.

Because state rules are often much stricter than FDA rules, this resulted in many people who were harmed or had family members killed by defective drugs being unable to receive restitution. However, this court decision has been challenged. It’s possible that future victims of defective drugs will be able to file wrongful death suits against generic manufacturers.

Drug companies use many more legal loopholes to avoid liability in wrongful death lawsuits. An experienced attorney can anticipate and challenge these tricks to help you seek compensation.

Should I Hire an Attorney to Help Me Sue a Drug Company for the Death of a Loved One?

If you are considering a wrongful death suit against a drug company, the most important thing that you can do is to hire a wrongful death attorney. While all personal injury cases are complicated, they become even more difficult when they involve large corporations like pharmaceutical companies. 

These companies often possess large legal teams that are solely focused on defeating liability claims. To give your family the best chance of success, you should hire a wrongful death lawyer to be your champion and face down your opposition.

Hire a North Carolina Wrongful Death Lawyer from Lewis & Keller

If you’ve lost a loved one due to a dangerous or defective drug, you deserve answers—and justice. Pharmaceutical companies should be held accountable when their negligence leads to wrongful deaths, but these cases are complex and difficult to fight alone.

At Lewis & Keller, we are dedicated to helping North Carolina families navigate wrongful death lawsuits against large drug manufacturers. We understand the emotional and financial toll of losing a loved one, and we are here to fight for the compensation your family may deserve.We know just how hard it is after losing a loved one. Especially if it was due to the fault of another. You don’t have to do this alone. Let Lewis & Keller be your champions so you can focus on what you need to do next. Request a free case review today so that we can start fighting for you.