Birmingham Dangerous Drugs Lawyer
The Food and Drug Administration reports that three billion prescriptions are written every year. Many of these drugs help to treat infectious diseases, moderate chronic illnesses, lessen symptoms, or assist with medical procedures. However, some of them may also cause problems or have dangerous side effects.
If you suffer harm from a dangerous drug, consult with a compassionate attorney to learn more about filing for compensation. A Birmingham dangerous drugs lawyer could examine all the aspects of your case and advise you of your best legal options going forward.
Drug Regulation Process & Loopholes
Generally, United States regulations require that all mass-market drugs undergo a long series of tests that, if successfully passed, culminate in certification by the FDA. In theory, this should protect consumers from drugs that have adverse effects. However, this is unfortunately not always the case.
As with many other government-run regulatory systems, there are loopholes in the process through which companies can gain approval much sooner than they should. One such loophole is the 501K process, in which drugs and medical devices can be fast-tracked through the approval process if there is another similar product on the market that is already FDA-approved.
Long-Term Reporting
Although the process for obtaining FDA approval takes years and requires a series of testing, drug companies are not required to monitor or submit information on any long-term side effects that are discovered after a drug is approved. Despite the rigorous testing requirements, the nature of medication and medical devices can lead to some effects not emerging until long after the approval process has concluded. Contact a Birmingham dangerous drugs lawyer for more information.
Adverse Drug Reactions
While drugs and drug manufacturing are regulated, there is a limit to just how much effective regulation can make legal drugs safe for the entire population. The Food and Drug Administration also reports that over four million people visit emergency rooms or doctor’s offices due to adverse reactions to drugs each year.
Unfortunately, over half of life-threatening or fatal reactions and almost forty percent of non-life-threatening reactions are preventable.
These reactions stem from many different reasons:
- Doctors prescribing the wrong medication or being unaware of a patient’s drug allergies
- Pharmacists filling the wrong prescription or giving a patient the wrong dosage
- Dangerous side effects
- Off-label prescribing, or when a medicine is prescribed or directed to be used in a way that the FDA did not approve it for
- Uninformed consent, if patients are prescribed drugs that are dangerous or that they do not need without fully understanding the potential side effects
Dangerous Drug Lawsuits
If a consumer suffers injury by taking a prescription drug as directed, a lawsuit can be filed to recover for any resulting damages. Strict liability laws in Birmingham, Alabama assign mandatory responsibility to a drug manufacturing company if the consumer experiences an adverse reaction from one of their products provided the consumer took the drug as directed.
In these cases, the consumer does not have to prove any type of negligence on the part of the company. Negligence, in the context of a Birmingham dangerous drug case, occurs when a drug manufacturer was careless in the production of their drug and the consumer was injured due to properly taking the drug. This can occur during the manufacturing or testing stages.
A dangerous drug lawsuit can also be filed over a failure to warn. This happens when a drug manufacturer does not warn consumers of all the possible side effects of the drug, or they fail to include on the drug’s packaging any other important information necessary for a consumer to make an informed decision about taking the drug. When filing a lawsuit, it may be wise to retain the services of a Birmingham dangerous drugs lawyer.
Speak with a Birmingham Dangerous Drug Attorney Today
If a dangerous drug causes you harm, an experienced Birmingham dangerous drugs lawyer could determine if you may be able to bring a lawsuit against that drug’s manufacturer for negligence or a failure to warn. They may also know how to guide you through any continued medical care and expenses, how to favorably present yourself before a jury, and how to take care of all the nuances that can come with a sometimes-lengthy litigation process. Call today to schedule a consultation.
