Pharmaceutical drugs can be lifesavers. Unfortunately, they can also have severe negative side effects, including permanent harm or even death. In many instances, patients believe that the manufacturer of the drug, the pharmacy, or the doctor prescribing the drug did not adequately warn them about unreasonably dangerous side effects.
Pharmaceutical companies are often targets of such alleged negligent claims. However, because pharmaceutical companies go into great length in describing a drug’s side effects, pursuing a claim for a defective or unreasonably dangerous side effect can be difficult to pursue.
First of all, medical experts must establish:
Once this has been established, the injured patient must also demonstrate that the pharmaceutical company or the prescribing physician failed to warn the patient about the unreasonably dangerous risk.
In claims against pharmaceutical companies, simple warnings contained within a label of a particular drug have been found by the courts to be sufficient in establishing proper action by the pharmaceutical manufacturer, even though a particular side effect may be more severe than the drug’s other potential side effects.
To file a successful product liability claim involving a pharmaceutical drug, detailed research and investigation is required each time a potential claim is asserted. The complete history of the drug’s side effects, labeling and warnings must be tracked to determine whether the drug manufacturer may have done wrong. We at ACA have been doing this type of investigation for our clients for our entire careers.
The lawyers at ACA have years of experience investigating pharmaceutical drug-related product liability claims. Contact the litigation attorneys at ACA Law today at (570) 348-0200 for a free evaluation of your case. We will answer your questions, and advise you how best to protect your rights.