Pharmaceutical Liability in Sacramento
The general public cannot determine whether a drug is harmful or defective because they do not have information about the manufacturing process or the substances used. The pharmaceutical company that creates and sells the drug is responsible for ensuring that its product meets the highest standards.
The Product Liability Law provides consumers with a cause of action if they come across a defective product. This doctrine generally falls under strict liability, meaning that defendants can be held liable regardless of their intent or knowledge.
To file a successful product liability claim, the injury victim (plaintiff) must prove the following reasons have occurred:
- Failure to warn – A drug is defective if it was manufactured incorrectly, or if important information about the drug was not disclosed in the packaging. Failure to disclose this information can cause serious problems for consumers, including side effects or personal injury.
- Manufacturing defects – If the manufacturing process was flawed in some way that caused an adverse reaction or injury, the company may be responsible. Manufacturing mistakes could involve a design flaw, incorrect labeling, packaging, or shipment. A pharmaceutical manufacturer can be held liable for a defective drug if it did not meet the standards set for quality and safety.
- Drugs with serious side effects – If a pharmaceutical drug causes serious side effects that were not made known to the consumer, the injured party can file a claim against the manufacturer. It is the responsibility of the drug’s manufacturer to ensure that it is properly tested before being made available for purchase.
Who Are the Liable Parties in a Defective Drug Claim?
In order to file a defective drugs claim, the plaintiff (injured victim) must prove that they were injured, the drug was falsely marketed, and the injury sustained was due to a defective drug. Several parties may be held accountable for a victim’s injuries and damages. These parties might include:
- Pharmacy – If a pharmacist misread a prescription, gave an incorrect dosage, or sold the wrong medication, the pharmacy may be held liable. The pharmacy may be sued for negligence if it did not follow the proper procedures when filling a prescription.
- Drug Testing Labs -Even though pharmaceutical drugs must go through many tests and trials before being released to the public, things can still go wrong. If there is an error in the testing process, or if the results are falsified, it can have serious consequences.
- Drug Manufacturer – The drug manufacturer can be held responsible in a pharmaceutical lawsuit for any of the three reasons mentioned before.
- Hospitals, Clinics, or Doctors – If a medical professional fails to give accurate information about a drug’s potential side effects, they could be held responsible for any resulting injuries or damage.
As the injured party, it is within your right to file a claim against the at-fault party for a defective drug. The product liability lawyers at Farahi Law Firm understand how difficult it can be to file such a claim. Our experienced attorneys are here to guide you through the defective drug claim process.
Class Action Lawsuits for Defective Drugs
Due to the widespread distribution of many drugs, a large number of people may be affected by the adverse side effects of a defective drug. The court system allows all plaintiffs to come together and file a class-action lawsuit against the manufacturer at once.
Pharmaceutical companies may be willing to settle your claim without the need for a lawsuit. Therefore, you and your product liability attorney may wish to file a claim first. Collective lawsuits often allow injured individuals to join together in one suit, which can result in faster and more significant compensation than if each person pursued their own case.
What Kind of Compensation is Recoverable in a Defective Drug Claim?
As the injured party, it is within your rights to recover fair compensation for the damages the accident has caused you. Depending on the circumstances of your accident, you may be entitled to the following compensatory damages:
- Medical expenses
- Future medical bills
- Physical therapy
- Property damage
- Loss of income
- Loss of wages
- Financial losses
- Pain and suffering
- Emotional distress
- Mental anguish
- And more
If a defective drug caused the wrongful death of your loved one, you may be eligible to file a wrongful death claim for their injuries and damages.
Why Should You Hire An Attorney?
Individuals who have been injured as a result of using defective drugs may be hesitant to seek legal help, thinking they can manage the situation on their own. However, it is crucial to have a personal injury attorney experienced with defective drug claims on your side during this difficult legal process. The experienced product liability attorneys at Farahi Law Firm will handle all of the complex paperwork and ensure that you get the medical care you need.
Our Sacramento defective drugs lawyers have a thorough understanding of how insurance companies operate. We will do everything in our power to safeguard your rights, and ensure that you are not taken advantage of by an insurance carrier who may try to trick you into lowering the value of your claim. An insurance adjuster may do this to avoid offering you a fair settlement offer.
We are dedicated to winning cases for our clients. We have a team of experienced lawyers, doctors, and case managers who will investigate your case thoroughly and determine its true value. Our goal is to provide our clients with the peace of mind they need to get back on their feet, by offering authentic legal advice and excellent customer service.
Expert Sacramento Defective Drugs Lawyers
If you or a loved one have sustained an injury due to a defective drug, you may be entitled to compensation for your injuries and damages. Our Sacramento defective drugs lawyers will work tooth and nail to ensure you win the maximum compensation for your injuries and damages.
We are committed to winning, our dedicated team has recovered millions of dollars for hundreds of clients. We work on a contingency fee basis and offer a No Fee Guarantee policy. This means you won’t need to pay us a single cent unless we win your case.
Do not hesitate to contact us at (916) 471-4797 for a free consultation. We are available 24/7. Call us today!