Personal Injury and Pharmaceutical Liability

It is no secret that drug companies make a bundle from their products, and in most cases that is acceptable. Drug companies in the US have to go through a rigorous round of research, development and testing before it will be approved by the Food and Drug Administration (FDA) for human use. That takes quite a bit of investment, so it is reasonable that the companies want to make a profit. However, when personal injury results because a drug was not thoroughly tested, was marketed for off-label (not approved by the FDA) use, or did not carry the appropriate warnings then pharmaceutical liability may come into play.

An article on the website of Nashville-based law firm Pohl & Berk, LLP points out that some drugs are so potent that the line between efficacy and toxicity can be quite thin. It is the responsibility of drug companies to ensure that the product is used properly and that relevant warnings and contraindications are clearly stated. If a patient sustains a preventable injury because the drug company breached their standard of care whether inadvertently or deliberately for whatever reason, the company is liable under the civil tort laws.

Personal injury can occur at any time; most of them are accidents. Notable exceptions are dangerous pharmaceuticals, which are considered tortious (wrongful) and infinitely preventable if the drug companies do their duty by their clients. If they do not, it is the patients who pay. According to the website of the Sampson Law Firm, injury arising from a defective or dangerous drug can have devastating, even fatal consequences, and often entails huge economic and non-economic costs. It is just right that these negligent companies pay compensation for those whom they have harmed, especially when it can be shown that the company was aware of a drug’s dangerous side effects, but released it to the public anyway, as often happens.

A few relevant cases that law firms typically handle include recalled drugs, contaminated drugs, and false claims.

However, drug companies have big budgets when it comes to legal matters; most people will not have the resources to make a dent in their armor. Any personal injury claim for pharmaceutical liability therefore should be handled by a law firm with the experience and connections to make them sit up and notice.

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