Can I Sue a Prescription Drug Company If I Experience Medication Side Effects?Published: Sep 29, 2017 in Defective Products, Medical Malpractice, Professional Malpractice
When you are injured or your condition worsens because of a medication’s side effect, you may look to hold someone responsible. However, just because you experience side effects of a medication does not mean you can file a lawsuit against a prescription drug company. There must be other factors that make a lawsuit appropriate. To learn more about your rights after suffering from a prescription medication, contact our Alabama defective drug lawyers at Belt, Bruner, & Barnett P.C. online or by calling (205) 933-1500.
There is no way to entirely predict what will happen when you are prescribed a new medication. You and your physicians will hope the drug has the intended impact with minimal side effects. However, that is not always the case. Even a medication that is effective and safe for a majority of individuals can end up harming you.
Were You Warned About the Possible Side Effects?
After experiencing serious side effects from a medication, one of the first questions that need to be answered is whether you were warned about the possibility of that particular reaction. This is an issue of informed consent. If you were appropriately notified about the drug’s side effects prior to agreeing to take it, then you may not have the right to file suit. However, if you experienced a side effect you were not warned about by the physician or within the drug’s accompanying documentation, like the box or pamphlet, then you may have a stronger basis for a legal claim.
Were the Side Effects Unique or Unusual?
Despite the rigorous testing and trials a drug goes through to be approved by the Food and Drug Administration (FDA), it is not possible for the drug manufacturer or physicians to know every possible side effect. Research and clinical trials typically determine a wide range of common reactions, yet there is also the possibility that an individual will respond differently to the drug based on their own health or lifestyle. If the side effect you experienced was unique and not know to the drug company, physician, or pharmacist, you may or may not have a case.
When a side effect is closely related to your susceptibility to a condition or other personal factors, you may not have a strong basis for a suit. However, if a drug company can be held strictly liable for the injuries its drug causes or the unusual side effect was the result of a defect, then you may have reason to move forward with a legal claim.
Were Your Side Effects Due to a Defect?
The most common reason to file a lawsuit against a drug company because of an injurious side effect is because there is evidence the drug was defective. Under Alabama law, you may be able to sue for a:
- Design defect: This claims the drug manufacturer designed the drug in a way that made it likely to cause injury even when manufactured properly. This is often hard to prove after a drug is FDA approved.
- Manufacturing defect: You may claim a drug was designed properly yet the medication you received was manufactured incorrectly. The drug may have been contaminated or created to contain a dosage higher or lower than the label stated.
- Warning defect: There may be evidence that the drug should have had an additional or stronger warning in relation to the injuries you experienced.
Contact Our Alabama Bad Drug Lawyers For Help Today
If you were prescribed a medication and suffered an injury due to side effects you were not warned about, contact our Alabama defective drug lawyers at Belt, Bruner, & Barnett P.C. today. In some situations, medication side effects do not provide a basis for a lawsuit. However, there are cases in which drug side effects could give you standing to file suit against a physician, pharmacist, or drug company.
Our experienced Alabama injury attorneys can help you determine your rights and legal options. Contact us online or call (205) 933-1500 to schedule your free case evaluation.