Drugs and medications are meant to help patients recover from illnesses and alleviate lingering symptoms. Sadly, the drugs people are prescribed or purchase off a pharmacy shelf often cause unexpected side effects that do far more harm than good, potentially causing severe and permanent harm.
Victims who suffer injuries due to defective drugs and medication usually require significant financial compensation as a result of their injuries. With the help of an experienced Vienna defective drug and medication lawyer from Portner & Shure, P.A., you can confidently hold a drug manufacturer accountable for your injuries and damages. Our law firm has successfully represented defective drug and medication clients in Virginia for more than 30 years. We should see what we can do for you and your case, too.
Dial (410) 995-1515 today to begin your case.
Deceptive Pharmaceutical Industry Tactics
People should have the right to believe that the drugs and medications prescribed to them by doctors are safe due to the testing requirements mandated by the Food and Drug Administration (FDA). While drugs and medications do usually undergo years of testing, the results presented to the FDA are based on testing performed by the pharmaceutical company creating and selling the drug themselves. As such, pharmaceutical companies often perform inadequate testing in order to place their product on the market, all in the pursuit of a profit. When a drug or medication is placed on the open market, the worst side effects might not become apparent until the general population begins suffering injuries that were not disclosed in product warnings.
Defective Medications & Drug Definitions
Defective drugs and medications fall under the umbrella of product liability law. A defective drug is one that fails to meet an acceptable standard of care in a medical practice or during a medical procedure. A medicine might be considered defective if it does not have FDA approval or has an inherent defect, such as the use of a chemical known to cause dangerous side effects. A drug manufacturer may be liable if they knowingly sell an inherently defective drug, hide information about possible side effects, or do not perform adequate testing during developments.
Our law firm has assisted with cases involving these defective drugs and more:
- Accutane
- Chantix
- Fosamax
- Lipitor
- Paxil
- Pradaxa
- Propecia
- Viagra
- Xarelto
- Zoloft
Theories of Negligence
Under a defective product theory, a pharmaceutical company can be held liable if the drug or medication was defectively designed. In order to win under this theory, a victim must prove that the pharmaceutical company knew that a drug or medication was dangerous or defective when they sold the drug or continued to sell the drug after learning it was dangerous or defective. Under a breach of warranty theory, a pharmaceutical company can be held liable if they failed to warn the public of potential dangers or told the public the drug or medication was safe.
Both legal theories are legally and factually complex. Simply claiming that a drug or medication is dangerous or defective is insufficient and unlikely to convince a judge or jury. Virginia law requires a personal injury victim to prove all the elements of their claim by a preponderance of the evidence, i.e. at least 51% certainty.
For your case to succeed, we will want to prove that the:
- Drug or medication was dangerous or defective
- Pharmaceutical company knew or should have known that the medication was dangerous
- Plaintiff or claimant suffered injuries as a result of using the drug
Injuries & Compensation
Defective drugs and medications often cause severe and painful health complications. Under Virginia law, a claimant can receive both economic and noneconomic damage by filing a claim against the pharmaceutical company that made the drug. Economic damages are meant to compensate a victim for the cost of their medical care, lost wages, future lost wages, and future medical care. Noneconomic damages are meant to compensate a victim for the pain and suffering that they endured as a result of their injuries.
Do You Have a Valid Claim? Find Out Today
Drugs and medications that are found to be defective are sometimes subjected to mandatory recalls. Our Vienna defective drug lawyers can research recalls that might have covered the drug you used. We can also look into claims from other people who have used your prescription medication to see if there is a pattern or history that implies the harm is being caused by the drug itself.
