When Are (and Aren’t) Pharmaceutical Companies Liable for Serious Side Effects and Complications?

Like all companies, pharmaceutical companies are required to ensure that their products are safe for use as intended. However, when pharmaceutical companies fall short of meeting this legal duty, the consequences can be particularly devastating. Dangerous and defective drugs can cause a variety of serious complications—including fatal complications in some cases. When patients experience serious or fatal complications, hiring an experienced pharmaceutical lawyer is the first step toward seeking financial compensation.

But, while dangerous and defective drugs can cause life-altering (or life-threatening) complications, nearly all drugs present risks for side effects—and this is generally considered acceptable. So, when do the adverse effects of a drug warrant legal action?

Understanding When Pharmaceutical Companies Can (and Should) Be Held Accountable

Pharmaceutical companies can be held liable for selling dangerous and defective drugs on various grounds. While minor side effects generally won’t warrant legal action, patients and families can file lawsuits for serious or fatal complications based on:

Pharmaceutical Design Defects

Many pharmaceutical lawsuits involve claims based on design defects. A drug suffers from a “design defect” if it is unsafe when manufactured and administered according to its specified formulation and recommended dosage.

Prescription and over-the-counter drugs can suffer from design defects for various reasons. While clinical trials are supposed to identify any potential design defects before pharmaceutical companies bring new drugs to market, the reality is that pharmaceutical companies bring dangerous drugs to market far more often than they should. In some cases, this is due to inadequate testing and clinical trials. In others, this is due to a desire to profit from selling a new drug before competitors bring their drugs to market—even if this means putting patients at risk.

In cases involving design defects, proof of pharmaceutical company negligence is not required. If a prescription or over-the-counter drug is defective, this alone is enough to justify legal action in the event that the drug causes a serious or fatal complication.

Defects Arising During Manufacturing

Along with design defects, defects that arise during the manufacturing process can cause dangerous complications as well. Issues such as failing to sterilize manufacturing facilities, improperly formulating drugs, and failing to properly seal drug containers (resulting in contamination) can—and do—happen.

While these types of issues are often the result of negligence, here too, proof of negligence is not required. If a prescription or over-the-counter drug is dangerous because it suffers from a “manufacturing defect,” this is also enough for patients and their families to seek just compensation.

Oftentimes, it will not be readily apparent whether a design defect or manufacturing defect is to blame for a patient’s diagnosis. However, being able to prove the specific cause of a serious or fatal complication is a necessary step toward seeking accountability. Once you hire an experienced pharmaceutical lawyer to represent you, your lawyer will be able to take the necessary steps to determine the specific grounds for seeking just compensation under the circumstances at hand.

Inadequate Warnings on Drug Labels

Patients and families can also file claims based on a third type of defect in some cases. This defect is known as “failure to warn.”

When bringing drugs to market, pharmaceutical companies are required to list known risks on their drugs’ labels and packaging. They are also required to list risks about which they should know based on the requirements for conducting testing and clinical trials. If a drug’s warnings are inadequate, this can cause healthcare providers, patients and family members to unknowingly make uninformed decisions.

Similar to determining whether a drug suffers from a design or manufacturing defect, determining whether a drug’s warnings are inadequate requires an in-depth investigation. An experienced pharmaceutical lawyer will be familiar with the steps involved in assessing drug warning labels and will be able to take all necessary steps on your behalf.

Pharmaceutical Company Negligence

While proof of negligence isn’t required when filing a claim based on a drug defect, patients and families can also file negligence-based claims when warranted. Some all-too-common examples of pharmaceutical company negligence include:

• Failing to consider potential risks related to drug formulations
• Failing to conduct adequate testing or clinical trials
• Failing to conduct statistically significant testing or clinical trials
• Misinterpreting data from tests or clinical trials
• Maintaining inadequate sterilization
• Maintaining inadequate quality control procedures

Patients and families can also file lawsuits in cases involving intentional wrongdoing. Unfortunately, this isn’t unknown in the pharmaceutical industry, and many drug makers have faced lawsuits involving allegations that they prioritized their profits over patients’ safety. If it appears that a pharmaceutical company knowingly ignored a drug-related risk for serious or fatal complications, this can provide clear grounds for patients and families to seek financial compensation as well.

Do You Have a Claim Against a Pharmaceutical Company?

With all of this in mind, do you have a claim against a pharmaceutical company? To find out if you have a claim, you will need to discuss your case with an experienced pharmaceutical lawyer. While patients and families may be able to pursue legal action on various grounds, taking legal action requires proof of the specific drug-related issue that led to your (or your loved one’s) diagnosis.

An experienced pharmaceutical lawyer will be able to conduct a comprehensive investigation, advise you of your legal rights and take appropriate legal action on your behalf. Notably, in some cases, patients and families will be eligible to join existing mass tort cases. Lawsuits against pharmaceutical companies are not uncommon, and if you are eligible to join an ongoing lawsuit, your lawyer can assist you with this as well.

Discuss Your Legal Rights with an Experienced Pharmaceutical Lawyer at Searcy Denney for Free

If you need to speak with a lawyer about filing a claim related to a serious or fatal drug-related complication, we invite you to get in touch. To discuss your legal rights with an experienced pharmaceutical lawyer at Searcy Denney for free, call 800-780-8607 or tell us how we can help online today.