Many of us are fortunate enough to have access to advanced medications that treat various illnesses and chronic conditions. Unfortunately, the medicines that we count on to fix our medical issues occasionally cause even more problems.
A Saline dangerous drug lawyer can help you if you or someone you care about was harmed by prescription medication. An attorney from our firm skilled in complex pharmaceutical injury litigation can inform you of your legal options and help you obtain compensation for your losses.
Although prescription and over-the-counter medications are supposed to help patients, most drugs carry some level of inherent risk. However, the risk to patients should not outweigh the benefits.
A drug becomes dangerous when there is a flaw in the design, manufacturing, or marketing stage of product production. Drug manufacturers have a responsibility to design and manufacture reasonably safe drugs. Insufficient testing could lead to a design error, while inadequate production conditions could result in a manufacturing error.
Additionally, these companies must notify potential consumers of any possible risks associated with their drugs. A lack of warning labels or instructions can be considered a marketing defect. Our seasoned attorneys can help you determine exactly what made your medication unsafe.
If you took a drug that caused you to experience severe side effects, a dedicated lawyer can help you evaluate and pursue a legal claim against the manufacturer. Our legal team can examine drug manufacturer’s testing and manufacturing records to ensure the company complies with strict federal requirements.
This might involve checking the size of the testing population and the amount of diversity within that group. A dedicated lawyer can also analyze the packaging and label to determine whether there was adequate warning of the potential risks.
Pursuing a claim against a manufacturer for selling defective or unreasonably dangerous drugs is very challenging under Michigan law. Michigan has a product liability statute that provides that a manufacturer and seller cannot be liable in a product liability suit if the FDA approved the drug and its labeling was in compliance with that FDA approval.
However, there are some exceptions to this rule. The most common exception is where it is shown that the manufacturer intentionally withheld or misrepresented information about the drug to the FDA that would have caused the FDA to withhold or withdraw approval
While this is a difficult standard to meet, a well-versed dangerous drug lawyer in Michigan can properly evaluate a potential claim and investigate the FDA approval process the drug underwent to see if exceptions may apply.
Even when a medication is typically safe, it can be dangerous if a medical provider commits an error when prescribing the drug or filling the prescription.
Healthcare practitioners must know their patients’ medical histories before prescribing new medications. Some patients have allergies to particular drugs or entire classes of medications. Other times, a patient may already take a certain drug that reacts poorly with that new medication.
In addition to ensuring that a particular drug is safe for a specific patient, healthcare practitioners need to make sure that they prescribe and administer the correct dosage. For example, if a medical provider mistakenly gives a child the same dosage of a drug they would give to an adult, that child could suffer serious harm.
It is critical that pharmacists fill prescriptions precisely as they are written. Pharmacists also need to include all instructions with the medications. If a pharmacist is aware that a customer is taking another medicine that could negatively interact with the new drug, they need to notify them. Our team of attorneys has extensive experience with dangerous drug cases and can help you pursue a claim against your doctor or pharmacist.
If you suffered harm due to an unsafe medication, consider meeting with a Saline dangerous drugs lawyer. Our team can evaluate your claim and help you navigate the legal system. Contact our office today to schedule a free consultation.
Charles E. Boyk Law Offices, LLC