Clark, Love & Hutson, PLLC

Wrongful death suit may be right when a defective drug kills

Medicine is designed to help Texans get better. In most instances, medicine does just that. But not always. Some Texans take medicine thinking it will help them heal when that medicine actually exacerbates their problems or creates a new, deadly one.

When medicine kills instead of healing, the victim's family has to decide how to respond. One option is to file a wrongful-death lawsuit. This option not only holds the responsible party accountable, it also can provide compensation to soften a tragic situation.

To win a wrongful-death suit against a drug maker, the family will need to show several things. First, that someone died. Second, that the death was because of the drug maker's negligence. Third, that the surviving family members have suffered financial losses because of the victim's death.

If the family wins its claim, then the next question is how big the damages were. This generally boils down to a financial calculation that tries to put a number on how much the family lost such as from the medical and other expenses that rung up from taking the defective drug. So too, it will factor in lost support and inheritance, among other economic factors.

Many of these calculations are highly technical. As a result, economists and other financial experts will generally need to be part of the process, including potentially testifying at trial.

In some cases, simply making the victims whole (to the extent money ever could achieve that goal) is not enough. Sometimes the act was so bad that punishment is necessary. In these cases, a family may be able to receive a special set of damages called punitive damages. These situations, however, are rare.

Floridians interested in knowing more about how a wrongful-death suit may apply when defective drugs take the life of a loved one may benefit from discussing their situation with an experienced pharmaceutical-liability attorney.

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