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If a drug is deemed safe, alleviates your condition, and causes few side effects, you have no obvious reason to suspect it is harmful. Unfortunately, some drugs could have side effects that are harmful to a person’s health. When this happens, the services of an experienced attorney may be needed.
If you were prescribed a seemingly benign drug that caused detrimental effects, you could assess your chance of recovering legal damages by speaking with a Moreno Valley dangerous drug lawyer. Call today to schedule a consultation.
Any prescription or over-the-counter medication must receive approval from the Food and Drug Administration before it becomes available to the public. The drug manufacturer must test the drug for safety before presenting it to the FDA for evaluation. The evaluation includes weighing its risks and benefits, and the drug may not be approved unless the benefits outweigh the risks.
Some dangerous drugs do receive approval, though. Other factors can cause an FDA-approved medication to be harmful, such as a flaw arising from a mistake made during production, or a physician failing to prescribe the best treatment for a patient. If you believe that you suffered an injury from taking a dangerous drug, you could consult with a local dangerous drug attorney for information and legal advice.
In California, a manufacturer, distributor, or seller of a defective product could face a strict liability claim, which requires no proof of negligence. They could also face a negligence claim, for which the injured person must show that the manufacturer owed a duty of care, they breached that duty, the breach caused the injury, and the injury resulted in damages. An injured party may bring a personal injury claim, while family members of someone who died as a result of the breach can bring a wrongful death claim to recover for tangible and intangible harm they sustained as a result of the death.
Another approach is to include more than one party in a single lawsuit, per §378 through 384.5 of the California Code of Civil Procedure. A class action may result when many injured persons assert similar interests (e.g., injury from a dangerous drug), making it difficult to try all of their claims separately. Someone in Moreno Valley could discuss their options for seeking legal relief with a local dangerous drug lawyer.
Drug manufacturers have a lot to gain from having one of their products approved by the FDA. Someone harmed by a dangerous drug may feel apprehensive about trying to hold a large pharmaceutical company liable for injuries. However, careless manufacturers should face responsibility for any shortcuts or oversights that cause a dangerous drug to injure an unsuspecting consumer.
If you suffered an injury caused by a dangerous drug, you should speak with an attorney familiar with cases like yours. New medications face a strict approval process for a good reason. Get in touch with a Moreno Valley dangerous drug lawyer to discuss any damages you could receive for injuries you did not cause.