When you are prescribed a pharmaceutical drug that is supposed to relieve your symptoms or heal your condition, but it instead causes you injury, it is crucial to education yourself about your legal rights and options.
In recent years, numerous pharmaceutical companies have been the target of lawsuits as consumers, patients and health care professionals have stepped forward to allege that drug manufacturers have failed to provide critical protections in the form of warnings to consumers and their medical providers. Some companies have even been accused of knowingly selling defective drugs with dangerous side effects and failing to warn the public.
While manufacturing and marketing prescription medications is regulated by state and federal laws, far too many injuries are associated with defective drugs each year. Injuries caused by defective drugs or drugs marketed without adequate warnings of potential side effects can range from minor to fatal.
If you believe you have been injured due to an over the counter or prescription drug, you should know that Nevada law protects consumers from dangerous and defective drugs. You may be entitled to recover both monetary and non-monetary damages caused by a drug injury.
Understanding Dangerous Drug Risks
When you take a medication prescribed by a physician, it is usually assumed that the drug will treat a medical condition or assist with recovery from an illness.
However, certain drugs have such dangerous and severe side effects that they can actually lead to greater health risks than the condition they are intended to treat. Companies have a responsibility to carry out research, such as clinical trials, and notify consumers and medical professionals about the risks associated with the drug’s use.
If you notice unexpected side effects while taking a medication, it is important to report these symptoms to your physician immediately to avoid further potential harm. While all drugs carry some level of risk for side effects, you need to keep your doctor informed. Left unchecked, what appears to be a minor issue could develop into a medical emergency.
Before taking a new drug—whether prescription or over the counter—take the following steps:
Consult with your doctor to make sure this drug is safe for you to take in light of your medical history and in interaction with your other current prescription drugs.
Read the drug warnings. When you fill a new prescription or before you choose to take a new prescription, you should educate yourself about the potential side effects of the drug.
Pay close attention to any changes in your symptoms, mood, and overall health when you begin to take a new drug.
Just like introducing a new food into your diet, drug reactions can sometimes develop overtime. If you do not pay close attention, you may find yourself with significant symptoms in months from now and fail to make a connection with the onset of your new symptoms and the prescription drug you are taking.
Complexities of Drug Cases
Many different medications have been the target of drug injury lawsuits in recent years including:
Even widely prescribed pharmaceutical drugs that work fine for many individuals may cause injuries to others.
Attempting to handle a drug injury case on your own presents many challenges. Pharmaceutical companies are generally prepared to litigate drug injury cases at a high cost, as court judgments against them will only beget further litigation and liability to other injured consumers.
The flip side of that reality is that pharmaceutical companies are also very likely to be willing to settle an injury claim privately to mitigate their overall liability. However, proving a defective drug or failure to warn claim can be complex and you may be at a great disadvantage without the counsel and advice of an experienced drug injury attorney.
What Should I Do If I Have Been Injured by a Dangerous Drug?
If you suspect that you may have been injured by a dangerous or defective drug, you should consult with your doctor immediately. Together, you might also review the information packet and published material about the drug to determine whether appropriate warnings were given. A drug injury attorney can also meet with you and help you to make that determination.
Not every drug side effect will be grounds for a lawsuit, so it is important to work with an experienced attorney to determine whether you may have a viable claim against the drug manufacturer and be entitled to recover compensation for your damages.
Types of Drug Injury Claims: If you are injured by a prescription or over the counter drug, your claim may be based on one or more of the following theories:
Manufacturing Defect: A manufacturing defect claim is based on a drug that has been tainted somehow during the manufacturing process or otherwise improperly manufactured.
Design Defect: Drug design defect claims arise when, although the drug is manufactured properly, the design itself is dangerous and causes dangerous side effects. This may occur if the drug manufacturer fails to conduct thorough and adequate testing.
Failure to Warn: If a drug manufacturer fails to adequately or accurately warn consumers of potential side effects or the appropriate and safe use of a drug, and you are injured as a result of this failure, you may have a claim against the manufacturer based on their failure to warn.
Contact an Experienced Nevada Drug Injury Lawyer Today
Many drug companies are experienced in raising defenses when they face litigation due to claims of a defective drug. They might argue that you as the patient have assumed the risks in taking the medication or that other behaviors or actions on your part contributed to your injuries. This makes it imperative to retain an attorney who is familiar with what it takes to go up against these major pharmaceutical companies and fight for your rights.
If you believe you have been injured by a dangerous drug, Gina Corena & Associates is available to help. We will use our years of experience in drug injury law to pursue the compensation you are entitled to.
Gina Corena is a skilled litigator that has practiced in Nevada her entire career. Ms. Corena prides herself in her devotion to representing injured clients and has acquired millions in settlements and litigation awards for her clients since founding Gina Corena & Associates. Named a Top 40 under 40 Attorney by the American Society of Legal Advocates and one of the “Ten Best Attorneys” in Nevada for her exceptional and outstanding client services, Gina Corena is a litigator that will fight for you.
For a consultation and review of your case, contact us online or by phone at (702) 680-1111.