Clayton County Dangerous Drugs Lawyer
The pharmaceutical company is a multibillion-dollar industry, premised on the concept that prescription drugs and medications are supposed to help heal injuries, cure infections, and prevent and stop diseases from spreading. However, sometimes, they allow dangerous drugs to be distributed to patients. These drugs can cause serious, long-lasting injuries.
If a defective and dangerous drug has caused your injury, you have a legal basis for recovering compensation for your injuries and losses. Large pharmaceutical companies make billions of dollars every year and when their products cause harm and injury, they should be held accountable.
A Clayton County dangerous drug lawyer could help explain your rights. By working together, a skilled personal injury attorney could help you hold these large companies responsible for their carelessness.
When are Medications Considered Dangerous Drugs?
Pharmaceutical companies have a legal obligation to ensure that their products are safe for consumers. The U.S Food and Drug Administration is responsible for regulating and establishing testing standards before placing pharmaceuticals on the market.
However, despite the utility and rigorous testing pharmaceutical companies are required to undergo, thousands of people are injured every year by dangerous drugs because of a defect in the drugs chemical design, a lack of testing, or because of a lack of proper warnings.
Distinguishing between a useful medication and a dangerous drug is not always clear. Pharmaceutical companies such as Merck, Pfizer, and GlaxoSmithKline are all required to conduct extensive testing and regulation by the U.S Food and Drug Administration. In addition, these companies often engage in extensive testing prior to applying to the U.S Food and Drug Administration.
However, because of the pressure to develop and produce new medications, this may mean that a pharmaceutical company does not take the time to fully understand the dangers of their product. Therefore, a medication may be considered a dangerous drug when its risks and hazards outweigh its potential benefits. For more information, consult with a knowledgeable lawyer.
Determining Who is Liable
Pharmaceutical companies have a duty and obligation to ensure that their products and drugs are safe for use. If a drug causes an injury the pharmaceutical company may be held liable under a theory of product liability.
Georgia’s product liability statute codified in O.C.G.A § 51-1-11(b)(1) provides that the manufacturer of a dangerous drug can be held “liable in tort, irrespective of privity, to any natural person who may use, consume, or reasonably be affected by the property.” A Clayton County dangerous drugs attorney could help determine whether a drug company may be liable for specific injuries.
How to Prove Liability in Clayton County
When an individual asserts that a dangerous drug has injured them, they often are asserting that a drug was “not merchantable and reasonably suited to the use intended” O.C.G.A §51-1-11(b)(1). To prove that a product was not merchantable, a person will typically be required to demonstrate:
- A defective condition caused an injury
- The product was in the same condition when it caused the injury it was in when it left the manufacturer
- The product was being used as the manufacturer intended
Large pharmaceutical companies will often try and negate any one of these elements to shift liability away from themselves and onto the injured person. It is a common defense for pharmaceutical companies to allege that a person altered a drug, or that a person was not using the drug as it was intended. A Clayton County dangerous drugs lawyer could help fight these allegations.
A Clayton County Dangerous Drug Attorney Could be an Advocate
If a dangerous drug has caused you to suffer an injury, contact an experienced Clayton County dangerous drug lawyer. By conducting a thorough review of your case, a dangerous drug attorney could advise you on your legal options and help you pursue compensation for your injuries and losses. Call today to learn more.
