While prescription and over-the-counter medications are essential to the health and wellbeing of millions of Americans, they also come with an ever-present risk of side effects and contraindications. When drug manufacturers fail to provide proper warning of these effects, or when drugs are manufactured or measured incorrectly for a particular patient, the results can, unfortunately, be devastating.
If you believe you suffered harm due to an unreasonable medication defect or prescriber error, you should get in touch with a Federal Way dangerous drugs lawyer as soon as possible. Civil lawsuits over drug-related injuries are uniquely complicated in several ways, and without guidance from a personal injury attorney who has handled case like yours before, you may have slim odds of getting the financial recovery you deserve.
Ostensibly, medical products are subject to the same product liability laws that govern all other consumer goods sold in the State of Washington. Under Chapter 7.72 of the Revised Code of Washington, makers of goods like automobiles, children’s toys, and even medical devices may bear strict liability for defects in the design, manufacture, or marketing of their products.
However, because court precedent establishes that medications are considered “unavoidably unsafe,” drug manufacturers cannot be held strictly liable for defects in their product’s core design. However, they can still bear strict liability for problems during manufacturing that makes one incarnation of a safely designed drug unsafe, as well as negligent failure to inform—or intentional efforts to mislead—consumers about known risks and contraindications.
Furthermore, certain circumstances may give rise to dangerous drug claims against intermediary parties who interacted with a drug between the moment it left the manufacturer’s control and the moment a patient receives their prescription or over-the-counter purchase. For example, if a pharmacy fails to provide information to a customer about the safe use and potential side effects of their medication, a Federal Way dangerous drugs attorney may be able to help that customer hold the pharmacy liable for any harm they suffered as a result, even if the drug’s manufacturer-provided appropriate information and warnings to the pharmacy.
The effects that dangerous drugs can have on unwitting patients often go far beyond what a single civil settlement or court verdict could completely make up for. In past dangerous drug claims, plaintiffs have sought restitution for catastrophic physical harm stemming from the medications they took, including strokes, heart attacks, organ damage and failure, and—especially in cases involving prescription opioids—life-altering chemical addiction.
While financial compensation cannot erase all these effects that a dangerous medical product may have, a defective drug lawyer in Federal Way should be able to seek recovery on a plaintiff’s behalf for any and all economic losses they experienced, including costs of inpatient and outpatient medical treatment, lost work income, and expenses for medical devices and home modifications that newfound disabilities necessitate. Restitution may also be available for physical pain, emotional anguish, loss of enjoyment of life, and other non-economic harm done to a plaintiff’s overall quality of life.
Just because most medications available for public consumption have side effects associated with them does not mean that drug manufacturers can put patients at risk of unreasonable harm or fail to disclose all potential effects their products may have. Even when these companies do engage in such behavior, though, going up against their massive legal teams and millions of dollars in yearly net profits can be an impossible task for any single person to manage alone.
Fortunately, you do not have to pursue your claim alone if you seek help from a Federal Way dangerous drugs lawyer. Call today to learn how a seasoned attorney could help from start to finish of your potential claim.