Taking a defective drug can have serious side effects that can make you sick – sometimes sicker than the disease or condition it was prescribed to treat. The consequences of taking it could lead to hospitalization and, in some cases, even death. If you or a loved one has experienced the effects of taking a dangerous drug, you should seek help from an attorney specializing in pharmaceutical product liability law.
Finding an Attorney
If your illness or injury has been linked to a defective drug or medical device, you will need to hire an attorney to help you recover compensation for damages you have incurred. Many firms that handle auto accident and personal injury cases also handle product liability cases. In the Denver area, you can get in touch with Marc Harden to discuss recovering compensation for your losses including medical costs and any time off work you’ve had due to taking a defective drug.
Who is Liable?
If you became ill because of a defective drug, one of the first things you may want to know is who is responsible for your injuries. While the answer may seem obvious, pinpointing who is responsible can sometimes be complicated, but usually the chain or liability begins with the manufacturer based on various theories of negligence including failure to warn of potentially serious side effects.
Statute of Limitations
The statute of limitations for filing a claim for a defective produce varies from state to state. In Colorado, action must be taken within two years from the time the injury has occurred or from the time it has been discovered. In many cases when taking a bad drug, the consequences may not be known for several months or years. In such cases, a lawsuit must be filed within two years of the date the damage was or should have been discovered.
Who Can Seek Compensation?
When someone suffers adverse consequences from taking a bad drug, it doesn’t matter who bought it, the injured party can still seek compensation. For instance, if you were not feeling well and someone gave you an over-the-counter drug to help you feel better, but it made you sick, you may still be entitled to compensation. You may be compensated for any medical expenses, time off work and pain and suffering linked to taking the defective drug.
What Must Be Proven?
In order for a lawsuit to be successful, you must be able to show four things: that you suffered damage from the drug, that the drug was defective or didn’t provide warnings about possible effects, that the drug was the source of your damage and that you were taking the drug in the prescribed manner. Your doctor can help provide much of this information if you do suffer damage due to taking a defective drug.
A product liability case can be difficult to prove and it can take several months, sometimes years. In many cases, defective drug lawsuits are combined into multi-district litigation proceedings involving many – sometimes thousands of victims. That is why you need to hire an experienced attorney to help you seek compensation.
This guest blog post was submitted by Davis Alley on behalf of Zaner Harden.