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 abided 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 the 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!