Can I Sue After Experiencing Drug Side Effects?
Most new drugs, including those sold over the counter, can cause side effects. While some side effects are relatively minor and go away on their own, others can have a severely negative effect on your health.
When this occurs, victims may be able to file a lawsuit to obtain compensation for damages they experience due to the side effects of such drugs. You can learn more about these lawsuits below, including common side effects that lead to lawsuits and the types of personal injury claims.
The defective drug attorneys at Schmidt & Clark, LLP, help victims of defective medications pursue negligent parties for damages. Schedule a free no-obligation consultation today.
Defective Drug Claims
There are 3 main types of defective medicine lawsuits you can file after suffering adverse side effects, depending on the reason for the defect that caused side effects:
- Defective manufacturing lawsuits – Allege side effects were caused by defects in the manufacturing process or contamination due to manufacturing conditions.
- Defective design lawsuits – If the drug’s formula was defective, causing the medication to be dangerous or inappropriate for your treatment, you may be able to file a defective design claim.
- Failure to warn lawsuits – A drug manufacturer is required to note potential side effects on the medicine's packaging, including pill boxes, bottles and prescribing information. Physicians also have a duty to warn patients of potential side effects or interactions of many drugs before prescribing them.
It may be in your best interest to meet with an experienced dangerous drug lawyer to discuss the specifics of federal law pertaining to your case. An attorney can help determine what type of lawsuit to file against a company for medical bills.
The lawyers at our firm have helped many victims of defective drugs recover compensation for how these medications have affected their health.
Types of Dangerous Drug Lawsuits
While both prescription and over-the-counter medications have the potential to cause harm and serious side effects, some have become the subject of high-profile lawsuits.
Our lawyers are currently accepting new claims against insurance companies and the manufacturers of unsafe drugs, over-the-counter medications, and dietary supplement products included in the list below:
- Elmiron - Prescription drug prescribed by a medical professional to treat interstitial cystitis (“painful bladder syndrome”) which has been linked to an incurable eye disease called pigmentary maculopathy that can lead to blindness.
- Injectafer - Injectable supplement used to treat adult iron deficiency anemia (IDA) that has been linked to an increased risk for an electrolyte disorder called severe hypophosphatemia (HPP).
- Nexium - Heartburn medication linked to an increased risk for the development of kidney failure, nephritis, bone fractures, stomach cancer, and other serious side effects.
- Prilosec - Proton pump inhibitor (PPI) medicine linked to serious side effects including chronic kidney disease (CKD), renal failure, bone fractures, heart attack and more.
- Xeljanz - Rheumatoid arthritis medication linked to a significantly increased risk for serious side effects including blood clots in the lungs (pulmonary embolism), cancer, opportunistic infections, liver damage, and death.
- Victoza - Diabetes drug linked to a potential risk for serious, life-threatening side effects including pancreatic cancer.
- Saxenda - Weight-loss drug linked to an increased risk for pancreatitis, pancreatic cancer and thyroid cancer.
- Zantac - Popular heartburn drug found to contain N-nitrosodimethylamine, or NDMA, a known human carcinogen (cancer-causing substance).
- Belviq - Weight-loss medication linked to an increased risk for cancer and birth defects.
- Prevacid - Bad drug used to treat gastroesophageal reflux disease (GERD) and ulcers that has been linked to an increased risk for chronic kidney disease, acute kidney injury, acute interstitial nephritis, heart attacks, vision loss and other health risks.
- Dietary Supplements - Other drugs that do not require FDA approval before they can be sold. A study by JAMA Internal Medicine found that dietary supplements accounted for more than 50% of the FDA’s Class I drug recalls from 2004 to 2012. Class I drugs are those that contain ingredients with a reasonable probability of causing “serious adverse health consequences or death.”
Drug Manufacturers That Made and Sold These Products May:
- Have hidden the dangerous side effects from the public
- Have performed inadequate safety testing
- Be to blame for your injury
How Do I Join a Class Action Lawsuit?
A class action lawsuit against a pharmaceutical company can result in a significant financial return for your injury or loss. If you’ve been harmed by a prescription or over-the-counter medication, you may be able to file a lawsuit seeking damages.
The Food and Drug Administration, clinical trials, and testing should ensure consumers receive medications that are safe and effective. While the vast majority of prescription drugs and over-the-counter medications are safe, some have led to serious side effects and permanent health issues.
As a result, some victims have joined class actions against drug manufacturers that failed to warn about certain risks or dangerous side effects. If you or someone you love suffered from a serious health issue linked to an unsafe drug, you should consider taking legal action.
It can be hard to know if joining a pharmaceutical lawsuit is in your best interest, especially if you’ve suffered through pain or loss. A qualified attorney can offer insight and guidance for whether you should join a class action suit.
How Our Dangerous Drug Lawyers Can Help
Filing a lawsuit may seem like a stressful undertaking, but with the right lawyer, the process is much easier. The law offices of Schmidt & Clark, LLP, can address your concerns and answer your questions every step of the way.
If you are considering filing a lawsuit, it is important to contact a lawyer with experience handling these specific types of personal injury cases.
In addition to experience, you should work with a lawyer who has a national reach and can travel to you, taking this time-consuming burden out of your hands.
Get a Free Dangerous Drugs Lawsuit Evaluation With Our Lawyers
The Pharmaceutical Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in defective drug cases. We are handling individual litigation nationwide and currently accepting new injury and wrongful death claims in all 50 states.
If you or a loved one was injured, you should contact our law firm immediately to explore your legal options. You may be entitled to receive financial compensation by filing a drug injury claim and we can help.