Pharmaceutical drugs are supposed to enhance our health and wellbeing. We trust that medications won’t hurt us or make us sick. Unfortunately, defective drugs can cause pain, disability, and in the worst cases, death. A personal injury lawyer can help you pursue compensation for harm caused by dangerous or defective drugs.
In today’s article, we’ll talk about defective drug claims. If you or a loved one has been harmed by a defective drug, we welcome you to reach out to an Oshawa injury lawyer at our firm to discuss filing a product liability lawsuit.
Holding pharmaceutical companies liable
Pharmaceutical companies are responsible for ensuring their products are safe for consumer use. Those same pharmaceutical companies are also in the business of making money. There are major financial incentives to rush medications to the market. Drug companies may fail to properly test drugs, hide or minimize unfavourable test results, or improperly market drugs. When problems come to light, drug companies may downplay the risks and be slow to issue warnings or product recalls.
Defective drug lawsuits
You can take legal action seeking personal injury compensation if you’ve been harmed by an unsafe or defective drug. This type of legal action, rooted in negligence and product liability law, will arise when harm is caused due to manufacturing defects, defective design, or failure to warn.
For example, you may have the legal right to bring a defective drug lawsuit in these situations:
A drug caused you to experience severe side effects or allergic reaction.
A drug caused you to experience significant physical harm such as organ damage, or significant psychological harm such as anxiety or depression.
A medication taken during pregnancy caused birth defects.
Use of a drug led to addiction or dependency.
Use of a drug caused you to develop a long-lasting or permanent disability.
Use of a medication caused death of a family member.
You may also have the right to bring a lawsuit if you were harmed by a defective medical device—contact a personal injury lawyer (Oshawa or Lindsay) for more information on compensation for defective medical devices.
Financial compensation for harm caused by defective drugs
A person who has been injured by a defective drug has the right to claim compensation for harm caused by the defective drug, including lost earnings, damages for pain and suffering, out-of-pocket expenses, and costs of future medical treatments. A wrongful death claim can be brought by family members of a person who died as a result of a defective drug.
To learn more about the types of compensation you can claim and to get an estimate of what your claim may be worth, contact us for a free case evaluation.
Starting a defective drug lawsuit
Depending on the circumstances, there may be several responsible parties in the supply chain. Manufacturers, designers, distributors, and retailers may be named as defendants in defective drug lawsuits. Pharmaceutical companies tend to be large, multinational corporations with powerful resources to dodge defective product lawsuits. It’s important to properly identify and name all potentially responsible parties as defendants in the lawsuit. An experienced personal injury lawyer can help track down and properly serve notice of your legal claim on all responsible parties.
It’s also important to note that there are strict deadlines, known as limitation periods, that must be met. If the limitation period is missed, the right to bring a lawsuit is lost. The basic limitation period to pursue most personal injury claims, including defective drug claims, is two years from the date of loss or injury. Different limitation periods may apply to other specific situations and may not begin to run until your claim became “discoverable” or you reach the age of majority. You should seek legal advice as soon as possible so you know the limitation period that applies in your situation.
Winning a defective drug claim
Product liability cases tend to be complex, involving several parties, extensive medical evidence, expert evidence, and an understanding of a variety of laws and regulations.
To succeed in obtaining financial compensation, the person who has been injured (the plaintiff) must prove several key elements: that the defendant(s) owed them a duty of care; that the defendant(s) breached the duty of care; and that the plaintiff suffered harm or loss as a result of the defendant(s) breach of their duty of care.
You should expect that the defendant(s) will raise defences to your defective drug claim. For example, the drug manufacturer may allege that you missed the limitation period to bring your lawsuit, that you misused the drug, or that you knew of the risks and voluntarily assumed the risks associated with taking the drug in question.
The defendant(s) bear the onus of proving ay defences they raise against your claim, but it’s extremely important to anticipate the potential defences that may be raised. That way, you and your lawyer can gather strong evidence (including evidence from medical experts) and prepare solid legal arguments to present your case in the best possible light.
Reach Out To A Trusted Personal Injury Lawyer Lindsay And Oshawa
If you or a loved one has been injured as a result of a defective or dangerous drug, the personal injury lawyers at Kelly Greenway Bruce are here to guide you through the complicated legal process so you get the compensation you deserve. We can explain your rights, ensure you don’t miss limitation periods, and gather evidence to put forward the strongest case possible.
Defective product liability claims can be challenging for so many reasons. You need a trusted personal injury lawyer on your side. The team at Kelly Greenway Bruce has the skills and expertise to hold pharmaceutical companies accountable for their defective products.
Reach out to a personal injury and disability lawyer at our law firm today for a free consultation and let us use our expertise to ensure you obtain your best possible recovery.
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