As a consumer of any type of pharmaceutical, you do so at your own risk. This is because everyone reacts differently to certain types of drugs. However, this is not to say that pharmaceuticals are always going to be harmful — most of the time they are extremely beneficial for their intended purpose.

This being said, drug companies have a legal and ethical obligation to ensure all their manufactured drugs are safe and effective. When they’re not, they could face major legal woes in the form of a drug lawsuit.

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If you’re wondering whether you have grounds to file for such a lawsuit, this blog highlights what you need to know.

What is Considered a ”Bad” Drug?

In short, a bad drug is a pharmaceutical product that causes complications, unwanted side-effects, injury, or death that you were unaware of or not warned about. As a consumer, you can make an informed decision about whether a drug is beneficial or not. But this can only be done when the risks have been fully disclosed.

The Food and Drug Administration (FDA) is the U.S. government body that regulates and monitors the approval of drug manufacturing. Along with other important processes such as labeling, processing, shipment, and more.

FDA

One of the most important aspects of drug manufacturing is the clear labeling of contraindications, side-effects, complications, and warnings. If a pharmaceutical company fails to do so, they could face what is known as a ”bad” drug lawsuit. While the FDA regulates manufacturing and approval, it does not carry out drug testing. This is the responsibility of pharmaceutical companies.

Bear in mind most attorneys would advise against suing the FDA. This is because they hold sovereign immunity as they are a government entity. In order to sue the right people, you’ll need to look at several different entities, including:

• The pharmaceutical drug company/manufacturer
• Physician liability
• Pharmacist/pharmacy liability

 

Nearly all medications made today have some form of undesirable side-effect, this is the nature of pharmaceuticals. But it depends on the amount of harm these side-effects cause and whether a consumer is aware of them.

When Is It Acceptable to File a Bad Drug Lawsuit?

In order to stand the best chance at winning a bad drug lawsuit, you need an experienced attorney on your side — visit danielstarklaw.com for more.

An experienced attorney will be able to pindown exactly who you can sue for the harm you have suffered and what you are most likely to receive. These cases are called defective product liability claims. The most common of which include:

• Defective manufacturing of a product
• Defective design of a product
• A product that does not provide adequate warning or label instructions

 

Yes, there is some leeway when it comes to adverse side-effects and approval from the FDA. However, drug manufacturers can still face lawsuits, even after gaining FDA approval.

Critical role of PK studies during Drug Discovery and Development

In this case, it is completely acceptable to file a bad drug lawsuit when a medication does more harm than good. Generally, this type of lawsuit seeks to claim compensation for injuries or other damages. If you have suffered serious and damaging side-effects you have every right to sue the following entities:

• The pharmaceutical company
• Sales representatives
• Testing laboratories
• Prescribing physicians
• Pharmacists
• Hospitals/other medical facilities

 

In order to win this type of lawsuit, you must show proof of your injuries or suffering. Or you must prove that the drug was defective, poorly marketed, or did not include warning of dangerous side-effects.

Looking to Expand Your General Knowledge?

A key element to your success when filing a drug lawsuit is having the right legal team on your side. Make sure you do your homework and find the right attorney with relevant experience.

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