How Long Does a Pharmaceutical Lawsuit Take?
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Many types of personal injury lawsuits settle out of court. Defective drug lawsuits are not one of them. Pharmaceutical companies have the resources to drag these cases out as long as possible, and that is typically what they do. These cases can take years to reach their resolution, and the insurance companies will use an army of lawyers to guarantee it.
If you’ve been injured by a defective drug or your loved one has been killed, you most likely have a valid injury or death claim. If many people have been injured or killed by the same drug, you may be able to join a class action lawsuit. Even though there probably won’t be a quick settlement involved, you still deserve justice.
Types of Defective Drug Liability
Defective drug lawsuits fall under the product liability umbrella. Like most other lawsuits, these cases are meant to hold the responsible parties accountable and help the victims or their survivors recover. Where these lawsuits differ from others is the fact that the plaintiff is usually a mega-corporation with deep pockets. The following are the three types of defective drug liability.
Some defects that cause injuries happen during the manufacturing process. This could be due to a manufacturing mistake or due to contamination. Manufacturing defects can be difficult to prove because you have to prove that the drug has not worked the way it was designed to work and this caused injury.
When a medication was manufactured correctly but people were hurt anyway, the issue may lie in the drug’s design. Design defects can happen when pharmaceutical companies do not conduct adequate testing to uncover the drug’s true risks. They can also happen when the company is not honest with the Food and Drug Administration during approval.
When a pharmaceutical marketer fails to adequately warn about the potential dangers of a drug, you may end up with a failure to warn lawsuit. This could also include the failure to accurately disclose the instructions or recommendations regarding the use of the drug in question.
Injuries Caused By Defective Drugs
The following are some of the most common types of injuries that can be caused by defective drugs. Some of the injuries include:
- Heart attacks
- Heart conditions
- Chronic medical conditions
- Birth defects
- Memory loss
Death can also be caused by defective drugs. One FDA study determined that 244,408 deaths were caused by defective drugs between 2006 and 2014. You can visit Cohen Jaffe personal injury attorneys if you or a loved one have been harmed or killed by defective drugs.
Who Is Responsible?
The following parties may be held accountable in court based upon the specifics of your case. One, two, or all of these parties may end up being defendants in your court case.
The Drug’s Manufacturer
Drug manufacturers may fail to perform adequate testing in their rush to begin making profits. The greed of these corporations has injured millions of people.
The Pharmaceutical Rep or Pharmacist
If a pharmaceutical rep didn’t warn a doctor or hospital about the dangers the drug posed, they may be liable in court. A pharmacist who knew the dangers but didn’t disclose them could also be held accountable.
The Doctor or Hospital That Prescribed the Drug
If you were injured because a doctor, hospital, or healthcare clinic failed to warn you about the potential dangers of a drug, they may also be liable or partially liable for your damages.
Until manufacturers are held to higher standards, people will continue becoming sickened, injured, and killed by defective drugs. These lawsuits make the world a safer place to live because they hit the manufacturers where it really hurts—in the wallet.