To treat serious conditions and to improve their quality of life, millions of Americans depend on prescription drugs. While most people take their prescription drugs every day without incident, others aren’t as lucky. It’s possible to ingest a prescription drug that was manufactured with a defect, which can cause damage to your body and even death.
If you have a loved one who has died as a result of using a defective drug, then you may be considering a wrongful death lawsuit against the drug company that produced the drug. However, before filing your suit, it’s important to learn about the complications in these cases. Learn about wrongful death lawsuits against drug companies and how you can make your case easier by hiring a wrongful death attorney.
Liability of a Drug Company
Prescription drugs are considered a product, which means that cases against drug companies are product liability claims. A product liability claim is used when a person has been harmed by a defective product. These cases fall under the category of strict liability, which means that the person who produced the faulty product is liable for any damages it caused regardless of negligence.
In a case against a drug company, it’s possible that the warning label may come into play. Most drugs are required to include warning labels so that consumers are aware of the risks of taking the drug. If this warning label was absent and your loved one died as a result, you may have strong grounds for a wrongful death lawsuit.
Loopholes 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 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.
Do You Need an Attorney?
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 drug companies. These companies often possess large legal teams who are solely focused on defeating liability claims, which means you need an experienced attorney on your side.
An experienced attorney can help you overcome common obstacles to your liability claim and help you work towards the compensation you deserve.
Hire a Wrongful Death Attorney
After a loved one has died due to the negligence of a drug company, your best legal option is to file a wrongful death lawsuit. If you’re considering a wrongful death suit, you need the help of a wrongful death attorney from Lewis & Keller.
The legal team at Lewis & Keller can examine your case and tell you about your options for filing a lawsuit against the drug company. Request a free case review today so that we can start work on your suit.