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You most likely take the medications that your doctor prescribes or your pharmacist recommends because you want relief from your symptoms. It can be devastating to realize a drug that was prescribed to you caused severe side effects or led to permanent health problems.
Pharmaceutical companies are liable when the products they sell cause harm in unexpected ways. If you suffered injury or adverse health effects from a medication, a Tacoma dangerous drugs lawyer could help you pursue the compensation you deserve. Working with our experienced injury attorneys could help you maximize the chances of a positive case outcome.
Although many people assume that the medications that reach the market are safe for use, that is not always true. The Food and Drug Administration’s (FDA) approval is based on the manufacturer’s testing data. Furthermore, the FDA does not consider whether a drug is safe for most users, but instead assesses whether its benefits outweigh its risks.
Accordingly, many drugs reach the market and users subsequently develop significant health issues. Some recent examples of widely prescribed and advertised drugs that harmed consumers include:
The list above is not comprehensive. Many medications produce unexpected side effects that could have a life-long impact and might lead to a shortened lifespan. A skilled attorney in Tacoma could review an individual’s case to determine whether the adverse health effect they experienced might have resulted from taking a dangerous drug.
The law in this state recognizes that all drugs carry dangers when used improperly, and some medications are dangerous even when used as directed. In most cases, a consumer cannot hold a manufacturer responsible if they suffered a side effect or negative health impact that the manufacturer warned was possible through taking the drug.
However, pharmaceutical manufacturers may be held liable in other cases. An injured person could bring file a dangerous drugs claim against a manufacturer if a:
If a Tacoma dangerous drug attorney could prove one or more of the instances above, the manufacturer could be liable for the damage that their treatment caused. Strict liability means that the injured person does not need to prove that the manufacturer’s action was careless or intentional, nor do they need to prove that the manufacturer knew or should have known about the problem. An injured person needs to prove only that there was a production error, misleading marketing, or an inadequate label, for which the pharmaceutical company can be held liable.
Damages are the funds a liable party must pay to the individual who suffered an injury. In a dangerous drug case, a manufacturer might pay the claimant’s injury-related medical care, incidental expenses, and lost income. The manufacturer also is liable for the claimant’s non-economic losses, such as their emotional suffering, pain, loss of companionship, disability, and shortened life span, if applicable.
However, a plaintiff might have to absorb some of their damages if their conduct contributed to their injury. The state follows the pure comparative negligence doctrine, which holds that each party to a claim pays the portion of a claimant’s damages that reflects their degree of responsibility for an accident. A claimant who was 20 percent responsible could collect only 80 percent of their damages.
The statute of limitations could also affect a dangerous medicine case. The Revised Code of Washington §4.16.080 permits residents to file a lawsuit seeking damages up to three years after the injury. When a condition’s cause is not immediately apparent, the claimant must file their suit within three years of the date they learned or should have learned that a drug caused it. A Tacoma attorney could present evidence establishing that a claimant was diligent about investigating the cause of their symptoms and brought their dangerous drugs lawsuit promptly.
If you suffered unexpected side effects from a prescription or over-the-counter medication, you may be struggling to regain your health. The company that profited from selling the drug should pay for the suffering it caused.
A Tacoma dangerous drugs lawyer is an experienced and skilled negotiator and could fight for you to get a settlement that provides appropriate compensation. Reach out to us today to schedule an appointment.
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