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Wrongful Death Lawsuits: Suing a Pharmaceutical Company

Wrongful Death Lawsuits: Suing a Pharmaceutical Company

Posted By The Dunnion Law Firm || 23-Aug-2017

Millions of Americans rely on prescription drugs every year to treat illnesses that can be temporary or ongoing. We use prescriptions for everything from the common cold or the flu to HIV and cancer. What happens when you become the victim of an unexpected side effect of a drug you thought was safe?

In some cases, you can file a product liability claim to recover damages for the additional injuries that result. There are, however, potential pitfalls to these cases. Discover the complications that can arise from wrongful death cases involving drug companies and how a wrongful death attorney is vital to your case.

Product Liability for Pharmaceuticals

Most injury claims against pharmaceuticals involve product liability. This can involve a range of different theories and approaches, but in general the idea is that the manufacturer has a responsibility to provide a product that is safe to use as intended and adequate warnings of any potential risks.

It’s important to note that negligence doesn’t come into play for product liability, merely the idea that the product had dangers that were not addressed. This is partially why prescription medications have such long lists of potential side effects. By listing anything that could potentially be a risk, the manufacturers are trying to protect themselves.

The Pliva-Mensing Loophole

In 2011, the Supreme Court ruled on the Pliva v. Mensing case, which resulted in the manufacturers of generic drugs not being responsible for the dangers associated with these products. This means that if you suffer from serious side effects from using a generic drug, you may not be able to sue the manufacturer for product liability.

This is a loophole that has caused problems for a lot of people. It results from the difficulties drug companies claim to have abiding by both state and federal laws. Federal regulations are less stringent, but at the same time they trump state regulations. Generic brand drugs are held only to the federal regulations. The Supreme Court is currently reviewing other cases which could close this loophole, but for the time being it represents a major consequence.

Protecting Your Case

Just because currently a generic case may have complications, this doesn’t mean you shouldn’t file anyway. Again, the Supreme Court may soon be closing this loophole. But there are still statutes of limitation in place. That means if you wait too long to file your suit, you could end up missing your window of opportunity. If you file now, you’re preserving your right to go after compensation in the future.

Wrongful Death Attorney

If you have lost a spouse, child or parent due to prescription drug risks, you should speak to a wrongful death attorney. With the right legal help you can seek compensation for the medical bills resulting from the drug complications, for funeral expenses, and for the pain and suffering, emotional damages and lost companionship that you suffered as a result of your loss. However, protecting your rights and pursuing cases against powerful corporations requires help.

At Dunnion Law Firm, we’ve helped many people seek compensation while protecting them against corporate interests. If you’ve suffered this kind of loss and need help, give us a call for help today!

Categories: Wrongful Death