When you experience dangerous side effects or complications from a pharmaceutical drug, you may wonder what your legal options are and if you could have grounds to seek compensation. Whether or not you may be entitled to sue a pharmaceutical company will depend on the unique facts and circumstances of your specific case.
The value of a pharmaceutical lawsuit settlement or court award will hinge upon multiple elements specific to your case, including:
- The product in question
- The details of your injuries
- The cost of your emotional and psychological injuries
- The extent to which your injuries impact your quality of life
If you have suffered an injury from a dangerous or defective drug, our reliable legal team at OnderLaw can review your case and provide advice tailored to your situation. We are proud of our commitment to helping injured parties stand up to corporate wrongdoing and holding companies accountable for their actions. Let us help you seek the justice you deserve.
How to Sue a Pharmaceutical Company for Financial Compensation
In and of itself, experiencing side effects after you take a drug or medication does not mean you have a legal right to file a lawsuit against the pharmaceutical company. However, if you experience side effects that were not disclosed, are unreasonably dangerous, or result from the fact that the drug itself is dangerous or defective in some way, you could have a viable legal case.
Pharmaceutical companies must take the necessary steps to safely develop, adequately test, and properly market the drugs and medical devices they release to the public. If a pharmaceutical company takes shortcuts in any of these phases of the drug development and distribution process, they could open themselves up to legal liability. Generally speaking, you may be able to sue a pharmaceutical company for financial compensation if the drug is defective or dangerous in one of three ways.
The first situation is when the drug has a manufacturing defect. This means that the design of the drug itself is not defective, but somewhere along the development and manufacturing process, it was contaminated or otherwise made faulty. The second situation in which you can sue a pharmaceutical company is when the drug has a design defect. This means the drug is dangerous because it is inherently harmful to consumers.
The third and final situation where you could have grounds to sue a pharmaceutical company is when the drug has a marketing defect. A drug can have a marketing defect when it is not sufficiently labeled to ensure that consumers understand the appropriate usage, dosages, and risks attached to the product, or if the label contains incorrect or false information.
Injuries from dangerous or defective drugs can include internal organ damage, heart attacks, stroke, cancer, and even death in some cases. Depending on the reason that the drug is dangerous or defective, manufacturers, distributors, physicians, and other parties involved in your case could be legally at fault for your injuries.
Factors that Affect How Much Pharmaceutical Companies Pay in Lawsuits
There is no single type of settlement that a pharmaceutical company might have in a lawsuit or court-ordered award. The potential dollar value of any damages you might collect in a successful lawsuit will be specific to your injuries and case.
The type of case you file and the severity of the injuries you have suffered will be key determining factors in how much the pharmaceutical company might pay if you file and win a dangerous drug lawsuit. The value of your past and ongoing medical bills, your lost wages, and your lost future earning ability, if any, would also bear upon that final settlement value.
Other factors could include the extent to which your injuries require future medical care, rehabilitation, and treatment, as well as the number of defendants—the parties you are suing—involved in the case. Our committed attorneys at OnderLaw can fight for the full and fair value of all compensation you are owed for your injuries and from all potential sources of liability.
Contact a Trusted Pharmaceutical Litigation Attorney at OnderLaw
Obtaining the maximum degree of compensation that you deserve is no easy feat, even if you have clear evidence to show the pharmaceutical company is responsible.
OnderLaw can provide the aggressive, dedicated representation you require at every stage of your case. We can interact with the insurance company and any other parties involved on your behalf, putting proven negotiation and trial experience to work to help you seek an outcome reflecting the entirety of your losses.
We know the system you’re up against all too well and how to cut through the stonewalling tactics Big Pharma and their lawyers use to deny or diminish claims from injured plaintiffs. Let us put our knowledge and experience to work on your behalf. Call OnderLaw today to schedule your free, confidential case consultation with one of our compassionate legal professionals.