When a doctor prescribes a medication, the last thing most people consider is that it could be hazardous to their health. Unfortunately, all too often, there are defective drugs that make it onto the shelves and the hands of consumers. Even though there is strict regulation, and the Food and Drug Administration FDA approves medicines before allowing them onto the market, unsafe drugs still get past their approval process because of shortcuts or errors.
Errors may occur because a pharmaceutical company fails to disclose risks to the FDA. Injuries can also happen when the FDA approves a medication for a different illness than the drug maker markets it to consumers. If you or a loved one sustained injuries after taking defective medicine, contact a Connecticut dangerous drugs attorney to schedule a consultation. During an initial meeting, a skilled personal injury lawyer at Bert McDowell Injury Law could review the circumstances of your case and determine whether you have a viable legal claim. Whenever you are ready to get started, Bring on Bert!
Three Main Categories of Defective Medication Claims
There are various reasons that a prescription or over-the-counter medication could be harmful or defective. A seasoned Connecticut dangerous drugs lawyer could review the cause of a person’s injury to help determine under which category a claim will fall.
A design defect occurs in the first stage of drug creation when a flaw in the medication’s blueprint makes it unreasonably unsafe for consumers. A design defect will typically affect all the drugs the manufacturer produces using that design.
A defect in manufacturing occurs during the production phase of the medication rather than during the design. These flaws often happen when there is an issue during the production of a particular batch of drugs and the producer fails to catch the defect during quality control checks. A manufacturing defect typically only affects a specific cluster of medications.
Failure to Warn
If a pharmaceutical company fails to provide consumers with a comprehensive list of all the potential side-effects and risks of taking a medication and they sustain injuries, it falls within the failure to warn category. A drug could also fall within this category if the manufacturer fails to provide adequate instructions for taking the drug and a consumer suffers injuries or illness.
The Statute of Repose in Harmful Drug Claims
There are critical timelines to be aware of in defective product claims, including dangerous drug cases. The first is the statute of limitations. The petitioner must file a civil action within three years of the injuries.
However, there is also a statute of repose that could affect product liability claims. When the claimant files a case for damages, they must meet both deadlines. Under the Connecticut General Statutes § 52-577a, the statute of repose begins on the date the manufacturer or seller parts with the medication.
A diligent defective medication attorney in Connecticut could handle all of the legal documentation and ensure a claim is filed within the appropriate timeframe.
Call a Connecticut Dangerous Drugs Lawyer Today
Drug manufacturers and pharmaceutical companies bring in billions of dollars for the medications they market and sell to consumers yearly. When they do not perform adequate testing or some other defect causes you to suffer injuries, they must pay for the full extent of your damages.
However, these types of cases are challenging and can be difficult to handle on your own. An experienced legal professional could help you navigate the entire legal process. Reach out to a knowledgeable Connecticut dangerous drugs attorney at Bert McDowell Injury Law to go over the details of your case.