Before they can be sold over-the-counter to customers or prescribed by qualified physicians, pharmaceutical must undergo rigorous testing and receive approval from the federal Food and Drug Administration. Unfortunately, there are more than a few gaps in these requirements that can allow undertested and unreasonably dangerous products to slip through the cracks, causing avoidable harm to thousands of people every year.
If you sustained injury because of an undisclosed side effect or contraindication in your medication, a Stockton dangerous drugs lawyer could help you demand fair financial restitution from the drug manufacturer who provided a defective product to you. Having an experienced personal injury attorney’s help can be especially crucial to success in a case like this, as the companies often named as defendants in these claims devote a lot of time, money, and effort towards contesting litigation against them.
Possible Grounds for a Defective Drug Claim in Stockton
Every company that manufactures products for retail sale—from one-person LLCs to multinational corporations—assumes an implicit “duty” to provide reasonably safe goods that do not pose an unreasonable risk of harm to people who use those goods properly. That being said, pharmaceutical companies are often given a bit more leeway in this regard than companies in other industries, since medical science is uniquely difficult to standardize and even the most diligent manufacturers may have trouble identifying every possible side effect of a drug.
However, this does not mean it is impossible to file suit over injuries caused by a defective or unreasonably dangerous drug. If a pharmaceutical company fails to ensure their product receives testing in line with industry standards, they could be held financially accountable for any ensuing losses experienced by any person who takes their product. This is especially true if that company deliberately obscures or lies about known effects and contraindications in order to maximize profits.
Even if a product has already been recalled by the manufacturer by the time an injured individual files suit, that injured party may still have grounds for recovery if they had no warning of the harm they were at risk of suffering before actually experiencing it. A qualified defective drugs attorney in Stockton could review your unique circumstances and explain the filing options available to you.
Recoverable Damages Through Successful Litigation
A successful outcome from a lawsuit against a negligent drug manufacturer may allow recovery for both economic and non-economic consequences of a dangerous or defective medication. In other words, impacted consumers could demand restitution not only for objective financial losses like medical bills, but also for certain subjective types of harm like physical pain and lost quality of life.
Unfortunately, dangerous drugs very often affect dozens, hundreds, or sometimes thousands of people at once, and individual plaintiffs rarely have good odds of achieving fair compensation when they go up against giant drug manufacturers alone. A skilled lawyer could help you determine whether joining or starting mass tort litigation against a pharmaceutical company may be a good option for you.
Talk to a Stockton Dangerous Drugs Attorney Today
Drug makers fill an essential and highly valued role in modern society, but the importance of that role does not absolve them from liability for negligence. If a manufacturing company fails to fulfill their duty of care towards consumers and the general public, anyone injured as a result of that misconduct could potentially file suit for substantial compensation.
A meeting with a Stockton dangerous drugs lawyer could be a key first step towards enforcing your right to recovery. Schedule your consultation by calling today.