Experienced Bakersfield Defective Drugs Lawyers

A defective drug can dramatically change a patient’s life. From aggravating the present illness or condition to developing serious side effects that could lead to new medical conditions. 

The Centers for Disease Control and Prevention (CDC) reports that approximately 1.3 million emergency department visits and 350,000 hospitalizations happen each year due to adverse drug events such as side effects, overmedication, and medication errors. The same report shares that about 82% of American adults take at least one prescription drug. 

As the pharmaceutical industry continues to expand, so do negligence cases regarding drug defects and unforeseen side effects. With new medication being rolled out to consumers every day, it often means a constant recall for new drugs. And as with any product defect, this could lead to severe injury.

Have you been a victim of injury because of defective pharmaceutical and prescription drugs? We understand the process of filing a product liability claim can be challenging and stressful at times, and we are committed to supporting you every step of the way.

Farahi Law Firm’s expert Bakersfield products liability lawyers will fight on your behalf to get the maximum compensation and justice you deserve. Contact our personal injury lawyers for a free initial consultation today.

Pharmaceutical Liability in Bakersfield

As they aren’t privy to the pharmaceutical processes and substances that are used in the manufacturing of new drugs, the general public has no way of knowing whether a medication is harmful or defective. It is the responsibility and duty of the pharmaceutical company to maintain the highest standards in the drug manufacturing process.

According to the Legal Information Institute, the Product Liability Law states that “product liability is a doctrine that gives plaintiffs a cause of action if they encounter a defective consumer item. This doctrine can fall under negligence, but it is generally associated with strict liability, meaning that defendants can be held liable regardless of their intent or knowledge.”

Failure to notify customers of adverse side effects, hiding evidence of problems with the drugs or knowingly selling unsafe drugs is grounds for liability for the damages these defective products inflict on consumers. 

In a case involving defective drugs there are three common causes for filing a product liability claim:

1.  Manufacturing defects: When there is a flaw during the manufacturing process and a dangerous drug resulted in an adverse reaction or injury, the pharmaceutical manufacturer must be held liable for their negligence. Manufacturing mistakes may occur during labeling, packaging, or shipment.
2.  Drugs with serious side effects: Drug manufacturers must ensure that their pharmaceutical products are properly tested before they are sold to the public. If a consumer experiences serious side effects and was not made aware of such possible risks, they can sue the manufacturer for their injury.
3.  Failure to warn: Often known as “marketing defects,” this happens when a drug is manufactured correctly, but the packaging does not include the appropriate instructions, warnings, or recommendations concerning the use of that particular drug. This failure to disclose proper information makes such drugs unsafe for consumers.

Pharmaceutical negligence or dangerous product reports usually get substantial media coverage as awareness of drug defects is usually of public interest. Because of the complexities of a defective drug claim, hiring a skilled product liability attorney who specializes in these types of personal injury cases is in your best interest.

Who Can Be Held Liable in a Defective Drug Claim?

To be able to substantiate a defective drug injury claim, the affected party must prove: they were injured, the drug was falsely marketed, and the injury was caused by a drug defect. Anyone in the pharmaceutical drug distribution chain can be held responsible. Thus, multiple parties can be held accountable in such claims, including:

• Drug Manufacturer: The drug manufacturer may be found liable in a pharmaceutical case for any of the three causes previously mentioned
• Drug Testing Labs: Before it makes its way to the consumer market, a drug has to undergo stringent testing and clinical trials. Mistakes in testing, falsification of results, or any fraudulent behavior by drug testing labs can have dangerous consequences. Laboratories can be sued to recover compensation for damages as a result of their negligent conduct.
• Hospitals, Clinics, or Doctors: Anyone, including doctors, hospitals, or clinics, that failed to provide accurate information about the drug’s side effects can be held liable for the defective drug injury.
• Pharmacy: The pharmacy that sold the drug will be responsible for a victim’s injuries if a pharmacist misread the prescription and gave you the wrong dosage or sold the wrong medication.

As the injured party, it is in your best interest to seek legal representation and file a compensation claim to hold the negligent party liable for your damages. Our team will not only fight to win you compensation benefits for your medical bills or other losses, we also put you in touch with the right medical experts who will help you in your recovery. 

Our skilled defective products lawyers will conduct a thorough research to determine the pharmaceutical company’s negligence when these drugs were released for public consumption. We will also investigate the drug manufacturer’s role in great detail, and if any negligence is found on their part, we will not hesitate in taking action against them.

Class Action Lawsuits for Defective Drugs

Individuals who sustain injuries from a defective drug have the right to bring a case against the pharmaceutical company for their injuries. Since so many people consume these defective drugs, the number of individual plaintiffs can be in hundreds or thousands. The court allows all the plaintiffs to come together and file a class-action lawsuit against the manufacturer at once.

You and your lawyer may also consider filing a personal injury claim first. Pharmaceutical companies may want to offer a settlement for your compensatory damages without the need for a lawsuit. But it is always beneficial for an injured individual to join in a mass case against the party at fault. Class action lawsuits are likely to result in quicker and more substantial compensation as compared to an individual lawsuit.

However, you should not worry whether or not this is possible. Our experienced Bakersfield defective drugs lawyers will be sure to file your case with the proper court, whether a civil or class action suit, and we will fight hard for you to secure the compensation you need.

Call Our Bakersfield Defective Drugs Lawyers

As a personal injury law firm, Farahi Law Firm, APC advocates for victims whose lives have been affected by defective drugs. We understand the mental anguish of dealing with medical expenses, medical treatment, income losses, and other damages due to your injuries. This is why we urge victims to file a defective drug claim to hold the at-fault party responsible for their negligence.

Have you or a loved one been injured as a result of taking an unsafe or defective drug? To begin the defective drug claims process, you need to hire a knowledgeable personal injury attorney specializing in defective drugs claims. An experienced attorney will help guide you through the claims process during this difficult time.

Our super lawyers have extensive experience in winning claims for our clients. Contact us today to discuss your case free of charge at (661) 669-7239. You won’t have to pay us a cent until we win your case.