Drug manufacturers and pharmaceutical companies market hundreds of drugs every year. The Federal Drug Administration (FDA) strictly regulates all medications before they reach consumers. Even with careful oversight, dangerous and defective drugs still cause thousands of injuries and illnesses. If a faulty medication caused injury to you or someone you love, you could have the right to recover compensation for any related damages.
You take prescriptions and over-the-counter drugs to feel better, but if the medications cause you harm, you have every right to hold the drug manufacturer responsible. If a defective medication caused your illness, contact a skilled Elsmere dangerous drugs lawyer right away to begin working on your claim. A personal injury attorney at Doroshow, Pasquale, Krawitz & Bhaya can make sure that your claim is filed properly and you have every change to succeed.
Filing a Claim in a Dangerous Medication Case in Elsmere
Drug manufacturers and pharmaceutical companies must ensure the safety of the medications they make before releasing them to the market for consumers. However, sometimes profit takes place over public safety. If this happens, many people sustain harm because these businesses did not uphold their duties.
There are several reasons the plaintiff can file an injury claim in the case of a dangerous medicine. A qualified hazardous drugs attorney in Elsmere can help a plaintiff review their case to determine under which category their claim would fall.
Poor Design
Design errors occur if there is an inherent flaw in the pharmaceutical company’s formulation of the product. If they insufficiently test drugs before putting them on the market, there are avoidable risks to consumers. If this problem occurs, it usually affects all the medication they made using that design.
Faulty Manufacturing
This error happens if the manufacturer improperly creates the drugs. The fault may also occur if something taints the batch during production. Usually, this type of defect only affects one specific group of products.
Problematic Marketing
Defective marketing happens if the pharmaceutical company markets the medication with no recommendations or warnings regarding side effects. Failure to warn can also occur if a product does not include all the warnings on the label.
Statute of Limitations for a Defective Medications Claim
Under Delaware Code 10 Section § 8107, the plaintiff must file a lawsuit in a dangerous and defective drug claim within two years of the illness or injuries. If the injured party does not immediately know of their damages, the law grants an exception.
The statute refers to this exception as the discovery rule. The discovery rule means that the deadline does not begin running until the day the plaintiff discovers their injuries. An Elsmere faulty medication attorney can ensure the injured party files the legal action within the law’s strict time limits.
Schedule a Meeting with a Skilled Dangerous Drugs Attorney in Elsmere
It is not uncommon that individuals take drugs to improve their health, and they end up causing further health complications. Whether a doctor prescribes the drugs or they are over the counter, there are steps you can take to recover the damages you sustained.
If a defective medicine hurt you or someone you love, state laws provide you with legal recourse to recover compensation for the damages you suffered. If you can prove the negligent drug manufacture caused you harm, a court may award you damages for any resulting losses. If defective medications caused you to suffer damages, contact an experienced Elsmere dangerous drugs lawyer to start your claim. Call Doroshow, Pasquale, Krawitz & Bhaya now to learn more about your options.
