Wrongful Death Due to Defective Drug
Millions of Americans take medications to relieve pain and/or manage their medical condition. Around 82% of the entire US adult population takes at least one drug (OTC, prescription, or dietary supplement) every single day. Approximately 30% take at least five drugs in a week. The statistics are worrying and this dependence on drugs also puts a significant number of people at risk.
The Food and Drug Administration is tasked to safeguard the health and well-being of consumers. Unfortunately, defective drugs are still being sold in the market despite thorough screening. There are many reasons why a drug can become “defective”. Among these include improper labeling, dangerous ingredients, or exaggerated claims. Drug manufacturers also tend to underestimate the risks posed by their products while overemphasizing its said benefits.
If you suffered from personal injury due to defective drugs or if a loved one suffered a wrongful death, there are damages that can be recovered:
- Economic damages such as medical expenses, funeral expenses, and lost future earnings
- Compensation for non-economic damages such as the love and support the deceased person would have given
- Punitive damages to punish the drug manufacturer
No amount of money can ever compensate for the loss of a loved one. But if defective drugs were to blame for the death, it is important to make the drug company responsible. A wrongful death attorney can help you know your rights. There are many assertions that can be made against the manufacturers. We listed some of the common basis for defective drug lawsuits below.
- Manufacturer failed to disclose risks and side effects of the drug
- Label or warnings contain insufficient instructions on safety for use, failure to warn about adverse drug reactions, or failed to provide information about preexisting conditions that increase the chances of harm
- Drug is defective in its formulation and not fit for purpose
- Drug is intentionally or accidentally mislabeled, contaminated, or tainted
- Manufacturer marketed the drug for use outside the scope of FDA approval
Take note that while the FDA plays an essential regulatory role, the agency does not give a legal shield for drug companies if their medicines turn out to be defective. Manufacturers can deliberately withhold information from the FDA. In addition, because only a limited number of people undergo drug testing, many risks are only discovered once the drug is being sold to consumers for an extended period.
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