We consume medications and other supplements upon the recommendations of physicians and drug manufacturers because of their benefits to our health. However, many different issues can lead to these drugs becoming unsafe and causing significant injury to you or a loved one. When these incidents happen, a personal injury lawsuit against the parties responsible for administering the dangerous drug could be available as an option to recover compensation for your damages.
Our Chandler dangerous drugs lawyers understand the legal issues at stake in these cases and can represent your interests in a trial against those with potential liability. Reach out to Phillips Law Group today to begin working with our trusted local personal injury attorneys.
Establishing Liability for Dangerous Drugs
A dangerous drugs lawsuit is a type of personal injury case based on the principles of Arizona product liability law. These claims are typically filed against the drug manufacturer, producer, or distributor responsible for a drug’s defects that create an unreasonable danger to the consumer and are the cause of their injury. Drugs can become unreasonably dangerous to their consumers in several ways throughout the production and distribution process, including the following examples:
- Failing to warn about risks
- Failing to test for unintended side effects
- Providing inadequate directions for use
- Not disclosing unfavorable test results
- Making misrepresentations about the dangerous drug
Proving liability in a dangerous drug case can be difficult because of the evidence needed to establish a manufacturer’s fault for its unsafe condition. Our trusted Chandler attorneys can help build a case by requesting key records and other evidence that shows the manufacturer’s liability for sustained injuries. Examples of relevant documents may include advertising materials, pill bottle labels, consumption directions, or internal studies and communications.
Issues That Could Complicate a Dangerous Drugs Injury Case
Drug manufacturers and distributors may assert certain defenses against product liability claims that their pharmaceuticals are unreasonably dangerous. They may claim the injured consumer disregarded important directions and other recommendations for safe use. For example, mixing the drug with other medications or continuing use despite the onset of certain symptoms.
These cases could also involve issues of medical malpractice if the injury from taking the drug resulted from a doctor’s failure to consult a patient’s personal history or general misdiagnosis. The key differentiator is identifying whether the cause of injury was the drug’s inherently dangerous condition or a physician’s improper prescription. Our Chandler attorneys can review the details of a situation to ensure the right steps are taken after a person sustains harm from a dangerous drug.
Potential Damages in a Dangerous Drugs Lawsuit
A person can usually claim common economic and non-economic damages that arise in other types of personal injury cases, including the following:
- Pain and suffering
- Emotional trauma
- Lost earnings from being unable to work
- Medical expenses including surgeries, prescriptions, doctor’s visits, and more
Punitive or exemplary damages may also be available for injuries from a dangerous drug. This form of compensation is meant to punish the defendant and discourage further negligence.
However, Arizona Statutes Section 12-701 limits awards for these damages in cases where the dangerous drug is FDA-approved and is generally recognized as safe under their regulations. Our team of Chandler dangerous medication attorneys can help an injured person ensure any settlement amounts or rewards adequately represent the full extent of their losses.
Meet With a Chandler Dangerous Drugs Attorney
Personal injury cases, including those arising from product liability for dangerous drugs, have a two-year statute of limitations in Arizona under Section 15-542. An injured person must generally file within this two-year period to avoid their case being dismissed, which can prevent them from obtaining compensation at all.
The statute of limitations will usually begin on the date of the incident causing injury but could be later in cases where there is a latency between the injury and its cause. It is important to meet with a Chandler dangerous drugs lawyer as soon as possible after sustaining an injury or illness related to taking medication to determine potential filing deadlines applicable to the case.
Schedule a free consultation with the attorneys at Phillips Law Group to discuss your situation. With over 30 years of serving the local community, we are confident we can provide you with the guidance and expertise you need to move forward.
We look forward to hearing from you. Reach out today to learn more!
Available 24/7