A dangerous or defective drug is any prescription or over-the-counter medication that puts consumers at risk of harmful aftereffects. If you became ill after taking a defective medication, you may be able to recover damages for your losses by filing a civil lawsuit.
To learn more about the process of pursing substantial compensation for your injuries, consider working with a dedicated Austin dangerous drugs lawyer at our firm. Our seasoned team of personal injury attorneys is ready to help you achieve the best possible outcome in your case.
Types of Defective Drug Claims in Austin
For an injured or sick patient to prevail in a dangerous medication lawsuit, they must prove that the drug has a defective design, was manufactured incorrectly, or was marketed irresponsibly. A design defect means a drug is inherently dangerous to consumers as a result of negligent designing.
If a drug is manufactured improperly, patients may be more likely to suffer harm from taking a specific batch of the medication rather than every version available on the market. Irresponsible marketing is characterized by a drug’s inadequate or missing warning labels/instructions. Incomplete or missing information about proper use and potential contraindications can make patients and consumers vulnerable to undue illness.
In all three types of defective drug claims, the claimant must show that the medication’s defect makes it “unreasonably dangerous” for consumer use. A knowledgeable lawyer in our area can help identify the type of defect a dangerous drug has and craft a strong claim for damages on an injured or sick patient’s behalf.
Proving a Defect in a Hazardous Pharmaceutical
To establish the existence of a design defect, a claimant must prove that the medication’s developer could have used a safer alternative or modified design but instead allowed harm to befall patients and consumer. When a drug becomes defective during manufacturing, the claimant must prove that the manufacturer made the medication dangerous beyond the average consumer’s reasonable expectations.
To establish a drug’s marketing defect, the claimant must prove that:
- The drug’s risk of harm was known or should have been reasonably foreseen by the supplier
- Inadequate or missing warning labels or instructions make an otherwise safe drug dangerous for consumers to take
- The drug’s lack of warnings or instructions directly caused their damages
While proving these elements generally proves that a drug is defective, a court may deny that a medication is unreasonably dangerous if its risks were unknown until after it entered the market. A skilled dangerous drug lawyer in the Austin area who has experience handling civil claims can assess the facts of a particular case and determine whether it would be feasible to pursue compensation from liable parties.
Consult with an Austin Dangerous Drug Attorney for Help
While pharmaceuticals may substantially improve a person’s mental or physical health, taking an unreasonably dangerous medication may not only worsen their condition but can also cause them to suffer extensive, potentially permanent harm. If you or someone you love has fallen seriously ill or suffered injuries after consuming a defective pharmaceutical drug, you may have legal recourse to seek compensation from the medication’s developer, manufacturer, and/or distributor. For more information on pursuing damages, schedule your complimentary consultation with an Austin dangerous drugs lawyer on our team today.