Defective drugs are becoming a huge problem in this country. Fortunately, the attorneys at Phillips Law Group understand the complexities involved in going up against the large drug companies. We feel that someone needs to stand up and fight for the consumer and that is why we represent injured consumers in these cases as Phoenix, AZ dangerous drugs lawyers.
Victims of injury due to defective drugs have a right to pursue legal action and attempt to get compensation. The best way to go after large drug companies and get the damages you may be entitled to is with the help of an experienced personal injury lawyer to help you through the legal process. These giant corporations that pump out billion-dollar-a-year pharmaceuticals need to be held accountable when they sell Americans products that are unsafe and cause harm, and having the best legal team on your side is the most effective way to go after them legally.
What Makes a Drug “Dangerous” in Legal Terms?
A big reason why filing suit over injuries caused by dangerous or defective medications can be difficult is the fact that both Arizona state and United States federal law are much more friendly to massive corporations than they are to average consumers. Among other things, this means that companies that make and sell consumer products—including life-saving medicines and medical products—are not automatically liable for any injury or illness that someone sustains while using one of their products, even if the product probably was the main cause of that injury or illness.
Broadly speaking, what makes a drug company liable for a dangerous drug is proof that it let its product leave its direct control with a serious defect in its design, manufacturing, or marketing. More specifically, if a drug is formulated in an unreasonably unsafe way when there was a safer alternative design available at little to no extra cost, if it was produced in some way which led to it being contaminated or otherwise dangerously flawed, or if the manufacturer failed to provide proper instructions for use or warnings about possible risks to doctors and consumers, there may be grounds to hold that company strictly liable for ensuing damages.
For medical products in particular, the lattermost issue—a marketing defect—is the most common cause of action for product liability claims. This is largely because pharmaceutical companies are well-known for launching products without performing sufficient research to discover all possible side effects and contraindications or intentionally misleading consumers about those effects. A Phoenix, AZ dangerous drugs attorney can explain what may or may not serve as valid grounds for a claim in more detail during a private initial consultation.
Seeking Recovery for All Compensable Damages
Whether it is built around strict liability as discussed above or around traditional negligence, a company found legally liable for a consumer’s injuries stemming from one of their products can be made to pay for every short-term and long-term, economic and non-economic loss that consumer will suffer due to their injuries. This can include but is not strictly limited to things like:
- Emergency medical bills, plus expected costs of future care
- Lost work income, benefits, and/or future working and earning ability
- Disability-related expenses for things like wheelchairs and home/vehicle modifications
- Physical pain and discomfort
- Mental anguish and psychological trauma
- Lost overall quality/enjoyment of life
In rare situations involving extremely egregious or intentionally malicious misconduct by pharmaceutical companies, a court may see fit to impose punitive damages against a defendant company as well and award them as additional compensation to the person hurt by that misconduct.
Joining Forces With Other Injured People
Unfortunately, even if a case meets all the basic legal requirements for defective drug litigation, actually holding a giant corporation liable for medication-related injuries can be far from simple. In fact, it can be downright impossible in practice to accomplish this alone—and fortunately, most people injured in this way do not have to do that.
The most common way for dangerous drug lawsuits in Phoenix, AZ, and throughout the United States to play out is as mass tort claims. These allow multiple people injured in roughly the same way by the same defendant to combine resources and pursue their claims as one big group, giving everyone a better chance of recovering at least some compensation. A seasoned lawyer can discuss this option over the course of a confidential meeting.
Contact a Phoenix, AZ Dangerous Drugs Attorney Today
Defective drug lawsuits can be very complex and involve a large number of victims. Experienced attorneys like the ones at Phillips Law Group have the expertise to take these sorts of cases on — and win.
At Phillips, all of the defective drug cases that we accept are accepted on a contingency fee basis. That means that we don’t get paid anything unless we successfully handle your case. We will discuss your case at no cost to you, and if you have a viable defective drug cause of action, our Phoenix, AZ dangerous drugs lawyers will fight to get you the full compensation you are entitled to under the law.
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