Pharmaceutical-based injuries can be devastating and deadly. When a Texas resident suffers losses due to their use of a dangerous drug, they may feel the effects of their injuries for the rest of their life. In some cases, the damages that victims of dangerous drug cases suffer are recoverable through litigation.
The litigation process for losses from dangerous drugs can be difficult, and there are many issues that can complicate a victim’s plight to be made whole through awarded compensation. This post will discuss some of those complicating factors, but readers are encouraged to speak with their trusted personal injury lawyers about their individual dangerous drug claims. Every case proceeds on its own facts and circumstances, and the contents of this post should not be read as legal advice.
Dangerous products that are still permitted to be used
One factor that can complicate a dangerous drug case is if the relevant drug has been deemed an unavoidably unsafe drug. This category of pharmaceuticals is recognized as dangerous, but the potential benefits of their use outweigh the risks to patients. If a drug is deemed unavoidably unsafe and causes a victim harm, they may struggle to recover their losses.
Similarly, a drug that provides adequate and ample warnings of possible side effects and negative effects may not be considered dangerous if a victim suffers complications included in the warning. If a victim has sufficient knowledge of possible complications, they could face from using a drug, they may not be able to later sue if they suffer those complications.
Liability of learned intermediaries
Generally, a person cannot acquire a medication or drug without first seeing a medical professional and getting a prescription for it. Doctors, nurses, and other medical professionals can be termed “learned intermediaries” because they exist between pharmaceutical companies and patients. In some situations, the wrong drug may be prescribed to a patient. The drug itself may not be dangerous but to the particular patient, it may pose risks. in these types of cases, the learned intermediaries may be liable for the patients losses instead of the pharmaceutical makers.
Building a case for damages from a dangerous drug
Dangerous drugs hurt men, women, and children every year. Not all drugs that are cleared by the Food and Drug Administration are safe for patients. When a loss happens due to a patient’s use of a dangerous drug, the victim should understand that they have rights. Though they may face complications in their case, their trusted attorney can help them fight for their rights to the recovery of their damages.