When Meds Cause Problems: 5 Facts About Medication Injury Claims
Did you know that the Food and Drug Administration doesn’t actually test medications before approving them for use? Instead, their Center for Drug Evaluation and Research will review and research results and information already available. The trouble is, the pharmaceutical company who developed the drug is usually the entity who has provided the information.
A study conducted from 2000 to 2010 found that approximately one third of FDA-approved drugs caused problems. Do you think your medication is responsible for harm done to you or a loved one?
photo/ jessica45
Here are five fast facts to know about bad drug lawsuits.
- There are a wide range of damages you can sue for.
Unless you sue, chances are, the drug company isn’t going to pay you any mind. So when you do, it’s good to know what exactly you’re demanding damages for. In medication injury claims, you can demand compensation for lost wages, medical bills incurred due to the drug’s effects, pain and suffering, and even reduced quality of life.
If a loved one died because of the drug, you can sue for expenses related to their loss.
- You can’t sue your doctor.
If it is shown that the medication is responsible for your injury, the prescribing doctor isn’t to blame. Medical malpractice claims are another kind of lawsuit entirely, during which it must be proven that the doctor was negligent.
If the medication was approved for use and there was no indication it would be dangerous to you, it’s squarely on the shoulders of the drug company.
- There are various phases to such a lawsuit.
Before you start looking forward to that payout, understand that these suits take time. There’s the discovery period, where investigations are performed. These can include depositions, written question and answer sessions between parties, and the review of quite a lot of documents and pieces of evidence.
- You may join a class action suit.
When there’s a problem with a prescription drug, it’s a pretty safe bet that others have had similar negative outcomes. Class action lawsuits are when a group of injured people team up to sue a defendant, and such lawsuits are incredibly common with bad drugs.
However, it means that every plaintiff (and there can be many) splits any damages awarded equally, even if one injured party suffered more.
- In any case, having a lawyer is critical.
If you join a class action suit, you probably won’t choose your own lawyer. Depending on your situation, it can be a relief to not have to worry about finding one. But it’s still key to ensure you have good representation. If you have a choice, choose experienced attorneys like those at Goldwater Law Firm, who have demonstrated expertise with these kinds of cases.
It’s devastating to have the medication that was supposed to help you, hurt you. But with the average drug listing dozens of side effects, it should come as no surprise that you aren’t alone. Don’t try to move on and deal with the damage a multi-billion dollar corporation has done to you – talk to a lawyer, identify your injuries, and never stop pursuing justice.
Author: Laura Brown
