Can you sue a pharmaceutical company for side effects
Posted in Firm News, Medical Malpractice on February 11, 2020
According to NCBI, after treatment, you may notice that you are experiencing some side effects as a result of the medication you are taking. In such cases, you may file a lawsuit against the manufacturing company if the situation persists.
You may either file a product liability or a defective product claim. These cases are typically personal injury cases where you need to prove that you got injured due to either improper marketing, life-threatening side effects, or defective manufacturing.
It is also crucial to show the court that you did not receive enough information from your health care provider and the company on the side effects of the drug. Your lawsuit will lose merit if you got an adequate warning and still went ahead to take the drug.
It may also help your case to find other people who are also liable for the injuries and are responsible to pay compensatory damages to help you recover. Some of these people include pharmacists, laboratories, sales representatives, and hospitals.
Fighting against large companies is a huge challenge, especially when you are the plaintiff. It is why you need a class-action lawsuit that will include other victims.
If the drug is affecting you, there are high chances that there are other people who are affected too. It proves that the issue is wide-reaching and thus may improve your chances of success. However, it would help if you sifted through your case, so you do not end up making a mistake and going to court with a case you have no chance of winning.
Jay M. Kelly III - Managing Partner
Meet Jay M. Kelley III, a top medical malpractice attorney in Ohio with over 25 years of experience and $200 million in verdicts and settlements. He is licensed in Washington and heads Elk + Elk’s litigation strategy in state and federal courts and has a unique background as a former felony prosecutor and hospital defense lawyer. Jay specializes in complex cases, including birth injuries and wrongful death, and is recognized by Best Lawyers and ranked among the Super Lawyers Top 10 in Ohio.
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