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When to File a Defective Drug Lawsuit

When you visit your local pharmacy or hospital and get a prescription, your obvious expectation is to get better after taking the medication. But what do you do when the opposite happens? When a drug that was supposed to make you better causes harm instead?

You might be eligible to file a defective drug lawsuit and get compensation for all the damages and losses you’ve incurred. Speak with a Utah personal injury attorney to get started with the investigation and gather evidence that can help prove your case.

When Does a Drug Become Defective?

All drugs have the potential to cause side effects. However, there are cases when these side effects become severe, causing more pain, injuries, a worsened condition, and, in extreme cases, fatalities. 

When a drug is known to have such effects, its manufacturer or the FDA (Food and Drug Administration) might make a recall to prevent further injuries. But it’s also important to note that the drug that caused your injuries does not have to be on the FDA’s recall list for you to qualify for a defective drug lawsuit. 

Defective drugs generally fall into three main categories:

  • Manufacturing Defects – This is when there were errors in the manufacturing process, such as contamination on an assembly line or incorrect storage of ingredients. 
    • Marketing Defects – Failure-to-warn lawsuits claim that the drug manufacturer, distributor, physician, or pharmacist provided little to no information on a drug’s expected side effects.    
  • Design Defects – A design defect occurs when the drug’s formula is inappropriate for your treatment, either by being ineffective or dangerous.

Determining where your defective drug lawsuit falls can be quite challenging, especially when you don’t have any medical knowledge. Your attorney’s investigation can assess not only the cause of a drug’s defect but also the parties that are liable for your suffering.

Filing a Defective Drug Lawsuit

A common question among victims of defective drugs is, “When should I file a defective drug lawsuit?” It’s simple; if a particular drug has caused harm and injuries that you were not made aware of by the pharmacist or information leaflet, it’s time to start looking for a defective drug attorney. 

Waiting too long to file a claim might cost you your entire compensation if the statute of limitations period elapses. In Utah, you only have around four years from when the incident happened to lodge a personal injury claim.

Depending on the circumstances, your defective drug case might become a medical malpractice lawsuit with different rules and procedures. Speaking with an attorney will provide you more clarity and much-needed legal guidance. 

A lawyer will also help you determine if, indeed, there was negligence and who should be financially liable for your injuries. In such cases, the responsible party might be an individual, such as a doctor or pharmacist, or a large corporation, like a drug manufacturer or distributor. 

Get Help from a Defective Drug Lawyer

Injuries arising from a defective drug can be severe or even fatal. Learn how to get justice for you or your loved ones with help from an attorney at Craig Swapp & Associates.

To speak with a defective drug lawyer, call our offices at 1-800-404-9000 or send a message through the contact form below, and we’ll contact you back. 

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