Pharmaceutical liability is the branch of law that protects victims who are injured by a medical device, prescription drug, or over-the-counter medication. Pharmaceutical products can be incredibly dangerous and leave you at risk of serious side effects and permanent disabilities.
While reactions to prescription drugs vary for each person, some side effects can include:
- Neurological damage
- Stroke or heart attack
- Suicidal tendencies
- Blood clots
There are various, sometimes multiple parties who can be held liable for your injury. Finding the responsible party can be challenging. But the pharmaceutical liability lawyers at Craig Swapp & Associates have handled many cases and are skilled at investigating claims and determining who is to blame.
Defects may include:
- Design defects: If the drug or medical device was not designed safely, or if any risks of the product are not anticipated and avoided, this may be grounds for a pharmaceutical liability.
- Manufacturing defects: Even if the design is flawless, a product can still be harmful if it was poorly manufactured with lax quality controls or using incorrect or cheap materials.
- Marketing defect: If a drug does not contain the appropriate warnings or potential side effects and you are injured, this may also be the basis for a pharmaceutical liability claim.
At Craig Swapp & Associates, we have helped victims who have used these potential harmful drugs/devices:
- Ortho Evra Birth Control Patch: The Ortho Evra patch is made with a higher level of estrogen, which increases the risk of stroke, blood clots, cancer, heart attack and in some cases, death.
- Gadolinium MRI contrast agent: Injected into patients prior to administering an MRI, this product provides more contrast and makes for a more precise diagnosis. However, it can be hazardous to anyone with kidney problems when the body attempts to rid itself of the gadolinium. This can lead to fibrosis of the skin and internal organs, which can leave you confined to a wheelchair or result in death.
- Hormone Replacement Therapy: These hormones used to treat menopausal women can lead to dangerous side effects from blood clots and heart attacks to breast cancer and stroke.
- Reglan Gastrointestinal Drug: Side effects include tardive dyskinesia which consists of involuntary body movements.
What you must prove
Pharmaceutical liability claims often fall into two categories: negligence or strict liability.
With negligence, the manufacturer or producer will be on trial. You must prove that this individual or company:
- Owed you a duty of care
- That the duty was violated
- You were injured as a result
Under strict liability, the actual drug will be on trial. A jury must determine if the manufacturing process was flawed. Here you must prove:
- That the medicine contained a defect which made it dangerous
- That the defect caused your injuries
- That those injuries caused you financial hardship
At Craig Swapp & Associates we are not intimidated by large pharmaceutical companies or manufacturers. If you or a loved one has been injured by a drug or medical device and you live in the Boise area, please call our Boise pharmaceutical injury attorneys to arrange your complimentary, confidential consultation.
Craig Swapp & Associates
One Call, That’s All
2939 N. Cole Rd.
Boise, ID 83704