When one takes prescription drugs as directed, one would likely assume nothing could go wrong. Around 66% of the U.S. population regularly takes one or more prescription drugs. But even people who consume prescription medication responsibly and as prompted can see serious adverse effects. Complications from medications can lead to a medical crisis, sometimes even causing permanent disability or reduced functioning of vital bodily systems.
If you have experienced an accident involving prescription medicine, contact a Fresno dangerous drugs lawyer like someone from our skilled team at Singh Ahluwalia Attorneys at Law. We are passionate about helping California families recover from these traumatic medical accidents, and we can support you through your litigation process, too!
Call us at (559) 878-4958 or contact us online to speak with a trusted member of our team who can help you get started by scheduling a consultation with one of our lawyers. All consultations are conducted by one of our experienced Fresno personal injury attorneys. We speak English, Hindi, Punjabi, and Spanish for the convenience of our clients.
What Can a Dangerous Drug Attorney Do For Your Case?
When you work with a legal team, you gain a knowledgeable support system that can confidently oversee every aspect of your case. Personal injury claims are complex, and those involving the medical industry can get even trickier because many different parties could hold fault, in part or in full. An attorney can guide you through the complicated aspects of your claim, offering advice and support along the way.
A legal team can grant peace of mind while increasing the potential size of your eventual settlement thanks to the following benefits:
- Comprehensive management of your case from start to end: An attorney will organize every step of your case. You don’t have to worry about filing documents or the managing communications with other involved parties because a legal team can manage these aspects of your dangerous drugs claim for you.
- Thorough investigation of your accident, including claims of negligence: An attorney can investigate every piece of available evidence for your claim with the intent of extracting key information that may be useful to highlight during later steps of the litigation process, including a possible jury trial.
- Precise valuation of your damages in the past, present, and future: There are many expenses involved in a personal injury accident, and sometimes the victim may be unaware of certain hidden expenses that an attorney can highlight for you. You may also be unaware of some future expenses that you may fall subject to, but an attorney can help you fight for a comprehensive settlement that covers all costs in the present and future.
- Protection from common insurance claim traps: An insurance representative may attempt to take advantage of a lack of representation by asking leading questions or inquiring about irrelevant medical events. In these situations, the victim may unknowingly offer information that might negatively impact them in the future. An attorney can help you avoid these common insurance claim traps by speaking on your behalf and diligently preparing you for any conversation that you do have with other involved parties.
- Compassionate representation: At Singh Ahluwalia, we understand that legal processes might not be something that you are comfortable with, or even want to deal with, but we aim to make the journey easier to walk through by offering our knowledge, resources, and support to all of our clients. We’ll be there to help you better understand each step, and answer any pressing questions along the way.
Examples of Dangerous Drugs
All drugs have the same possibility of being recalled, but there are certain categories of prescription medications that seem to be recalled the most. Many Americans rely on these medications daily, but sometimes these pills pose a high risk of medical harm.
Some of the most common categories of medication recalls include:
- Painkillers
- Birth control pills
- Cholesterol medication
- Type 2 diabetes medication
- Antidepressants
- Blood thinners
- Anti-anxiety drugs
As previously mentioned, all prescription drugs can be recalled for dangerous effects, but the following medications have been deemed risky by patient reports an unbiased third-party testing:
- Zantac and generic brand
- Infant ibuprofen
- Accutane
- Taxotere
- Diovan and generic brand
- Truvada
- Valsartan
- Cozaar and generics
What Compensation Can I Recover From a Dangerous Drugs Accident?
Every personal injury claim is different, and in your dangerous drug accident claim, your settlement will largely depend on the unique details of your case. Factors like the extent of your related injuries and lasting impact are heavily looked at, along with the value of losses like any missed time at work. Generally, your claim will consist of two categories of settlement awards: economic and non-economic.
Economic Damages
This is described as any verifiable loss with a standard price. If the price of the expense can be objectively determined, it is likely to be considered under the category of economic damages. These damages include medical bills, the cost of continued treatment, lost wages, property damage, and any other related expense that you can think of with a bill attached.
Non-Economic Damages
Non-economic damages are described as losses without a standard price attached. Typically, these settlement awards are related to mental trauma such as pain and suffering, loss of companionship, loss of enjoyment, and mental anguish payouts.
Non-economic damages are more difficult to secure a payment for, considering their vague nature. If you believe that you should be fighting for a greater portion of non-economic damages than you are being offered, call a dangerous drug lawyer.
Punitive Damages
Punitive damages are only available in cases that proceed through a trial and obtain a favorable verdict for the plaintiff. They are sought when the drug manufacturer (or other liability party) in question committed an egregious act of negligence, recklessness, or intentionally harmful behavior. Punitive damages are the least-common form of damages, but they may be substantial, particularly in cases involving high damages inflicted by a company that endangers consumers.
As an example, a Missouri jury awarded victims of Johnson & Johnson’s ovarian cancer-causing talc powder $2.1 billion in punitive damages collectively across all plaintiffs. Possible awards like these should be considered when weighing your legal options for holding dangerous drug manufacturers liable.
Types of Defective Drug Liability Claims
Liability can be tricky to determine in dangerous drug claims, considering there are many entities that may be deemed responsible for the accident. To fully understand the best course of action for your unique situation, contact a Fresno attorney who has experience litigating these sorts of cases.
The three main types of liability claims involving dangerous drugs include:
- Defective manufacturing: In this case, the consumed medication was only harmful due to improper manufacturing. This could be due to manufacturing conditions, incorrect labeling, or other errors made during stages like the packing and shipping processes.
- Pharmaceuticals with dangerous adverse effects: Some drugs have harmful effects that the company is fully aware of, but it remains more profitable to leave the drug on the shelf for distribution and deal with lawsuits, rather than simply removing the drug altogether. Even in situations where the company was unaware of risks, proof that a drug was unacceptably dangerous for its intended purpose can be sufficient grounds for a strict liability case.
- Improper marketing: Finally, this category is reserved for pharmaceutical drugs that did not make the proper effort to adequately warn people of any harmful side effects. Patients must be able to make an informed decision with regards to all known risks they could face. Without the needed information, patients are put at-risk without their knowledge or consent.
Keep an Eye Out on FDA Recalls
If you are one of the more than 100 million Americans who rely on prescription medication, it would be beneficial for your general well-being to stay up to date on the latest drug recalls from the Food and Drug Administration (FDA). There is a page where you can check the most updated recall information on the FDA website. The FDA consistently updates its recall list as new reports come in throughout the year, so it is advised to check the website regularly.
You can browse through all recalls, or refine your search by clicking on Drugs in the product type filter.
Recall Severity
When reports are made about dangerous drugs, the FDA will investigate and report back with a course of action for the future of the medication. In some cases, the FDA may request that a manufacturer cease production of a drug, but the drug maker will choose to continue because the level of profit is worth the inevitable lawsuits.
The FDA will classify the severity of the danger attached to each drug, and explain who it poses the greatest threat to.
The list of FDA recall classifications is as follows:
- Market Withdrawal: This is considered a minor and temporary recall for a manufacturer to fix a problem not deemed a major threat to the public.
- Class 3 Recall: In this case, the drug in question is unlikely to harm or injure consumers, but there could possibly be negative effects for a small percentage of people.
- Class 2 Recall: This is the most-common recall classification, which labels the drug as potentially harmful, but not fatal. Medical intervention could be required, and further evaluation of the product could be necessary.
- Class 1 Recall: This is the most serious classification, highlighting drugs that could cause severe, irreversible damage or even be considered fatal to some consumers.
What To Do After a Dangerous Drugs Accident
Even though every claim has its own unique details, there are a few universally accepted steps that victims of dangerous drug accidents can follow in order to protect the validity of their claim. By following each of these steps, a victim creates a verifiable paper trail that may solidify aspects of their claim throughout the litigation process — including if the case proceeds to trial.
Complete each of the following steps to protect yourself in a dangerous drugs accident claim.
Document Everything
It is essential that you organize a file of evidence relating to your claim. At first, keep every piece of documentation you receive and avoid throwing any paperwork out before reviewing with an attorney. Also, taking photos and videos of any visible injuries and their progression, as these could serve as a valuable visual aid for your claim. Log your symptoms daily, and include details like temperature readings or your level of activity to indicate the medical harm and personal suffering you have endured.
Report the Incident
After enduring a complication due to dangerous drugs, it is necessary that you report the incident to all appropriate channels. Your medical provider may help you complete this step, but reporting your incident to authorities like the FDA is a great piece of evidence for your claim. Such reports can also be beneficial for the FDA to help the organization gain a further understanding of how to approach the issues with said drugs.
Follow Doctors’ Orders
We should all listen to our doctors, but when you are in the process of a personal injury claim, it is essential that you strictly adhere to your doctor’s treatment plan for your recovery. If a victim neglects their treatment, it could be argued later that the negligent party cannot be held fully responsible, as the victim was neglecting their own body, ultimately causing the issue to get worse. By keeping a concise record of how a victim is following their treatment plan, they can avoid this line of defense.
Retain Representation
Finally, the victims of pharmaceutical complications should strongly consider contacting an experienced Fresno defective drugs attorney for their professional advice about how to manage their unique situation. A legal team can help you understand unclear aspects of your case, and they also save you time and energy by managing the tedious and time-consuming tasks for you. When your focus should be on your own physical recovery, let a legal team take the burden of litigation off your shoulders.
Get in Touch With a Fresno Dangerous Drugs Attorney From Singh Ahluwalia for Assistance
If you have been impacted by a dangerous drugs accident, call Singh Ahluwalia Attorneys at Law for guidance about the best next steps that you should take. Our team will provide comprehensive representation that goes above and beyond, helping you gain the confidence you need to stress less and focus on getting back to normalcy in your life. We have years of experience helping California families manage personal injury claims, and we’d be happy to serve you, too.
Call (559) 878-4958 or contact us online to speak with a trusted member of our team who can help you get started by scheduling a consultation with one of our lawyers. All consultations are conducted by one of our experienced Fresno personal injury attorneys.
