Pharmaceutical Liability

About Pharmaceutical Liability

Every year millions of Americans rely on prescription drugs or pharmaceuticals to treat multitudes of ailments. Manufacturers of pharmaceuticals spend years testing their products before they go on the market, ensuring they are safe for their intended use. While pharmaceuticals can bring much-needed relief from health problems, most come with side effects. When consumers and physicians are alerted about these side effects, they can make an informed decision about whether or not to use the drug.  However, when a pharmaceutical manufacturer fails to provide warning of possible side effects or sells a defective product to consumer, they can be held liable.

Pharmaceutical Liability cases deal with the area of law which governs manufacturers of drugs and other pharmaceuticals. Pharmaceutical Liability is a subset of Product Liability and is governed by much the same laws. Like manufacturers of consumer products, pharmaceutical manufacturers are responsible for ensuring the safety of drugs or other pharmaceuticals they provide to the consumer market. When they are negligent in their responsibility, harm or injury can result and they can be held liable for it.

Pharmaceutical Liability cases are segmented into three major types of claims:

• Design Defects: A Pharmaceutical Liability case that claims a drug has a design defect will seek compensation for an injury that occurred due to a flaw in the design of the product. Typically design defects involve manufacturers who produce a drug or medical device that is not safe for its intended use. Oftentimes, the manufacturer could have used a safer design, but they did not in an attempt to cut costs.

• Manufacturing Defects: A manufacturing defect occurs during the manufacturing of the drug or medical device. The pharmaceutical product may be designed well, but something occurred in the manufacturing process to make it unsafe. The use of poor quality materials or a failure to control the manufacturing environment is often the cause of manufacturing defects.

• Failure-to-Warn Defects: Failure-to-Warn defects, also known as Marketing defects, occur when a drug or medical device carries dangers or side effects that are not obvious to the consumer and are not clearly explained. A drug may not be dangerous when used for its intended purpose, however other uses may cause injury or death and consumers should be warned about these possibilities.

The attorneys at William Price P.A. are knowledgeable about Pharmaceutical Liability law and the regulations that govern injuries caused by Pharmaceutical defects. Our attorneys have extensive experience in all types of Product Liability and Pharmaceutical Liability including design, manufacturing and failure-to-warn defects.

Compensation for Pharmaceutical Liability injuries

The laws related to injuries caused by Pharmaceutical defects are unique and deal with drug and health laws and state and local regulations. These laws and regulations detail the inherent responsibilities of pharmaceutical manufacturers to ensure the products they sell are safe for consumers. They also govern what compensation victims of injuries caused by Pharmaceutical defects may receive.

Pharmaceutical Liability claims often seek compensation for medical bills, lost earnings as a result of being out of work due to injury, and pain and suffering. Cases that involve the use of a defective drug or medical device can often result in severe injury or even death. In these types of cases, compensation for physical therapy, nursing home costs, additional surgeries and long term care may also be sought.

At William W. Price, P.A., our attorneys are experienced in Pharmaceutical Liability laws and regulations. We help victims of defective drugs and medical devices seek the maximum compensation possible.

Proof in Pharmaceutical Liability Claims

Proving a pharmaceutical manufacturer has been negligent in providing an unsafe product to a consumer can be an uphill battle. Defendants in Pharmaceutical Liability cases often contend that the injury was caused by the consumer using the drug or medical incorrectly. Large pharmaceutical companies often employ full-time legal teams to fight Pharmaceutical Liability claims, providing extensive research and expert testimony supporting the argument that their products are not defective.

Our attorneys are skilled in collecting the vital information needed to build a strong Pharmaceutical Liability case. We employ a team of experts including:

• Experts in Pharmaceutical manufacturing, distribution and marketing

• Researchers who are skilled at gathering pertinent information such as previous cases of Pharmaceutical Liability claims, records of the company’s safe procedures and testimony by industry insiders

• Medical professionals who can testify about the physical and emotional effects of a consumer using a defective drug or medical device

Hiring an Attorney for your Pharmaceutical Liability Claim

Injuries or deaths that occur because of a defective pharmaceutical involve a difficult burden of proof and in-depth knowledge of the unique laws and regulations that govern these cases.  An attorney who has experience in Product Liability and Pharmaceutical Liability claims and the laws that govern these cases will help you navigate the complicated legal issues surrounding your claim.

At William W. Price, P.A., our attorneys are experienced in Pharmaceutical Liability cases. We offer free consultations for victims of defective drugs or medical devices. When you call our offices, you will speak with an attorney, not an assistant. He or she will review the facts of your case and talk to you about your legal rights; all at no charge.

To schedule your free consultation, call 561-659-3212.