More than half of adults in the United States take some form of prescription medication every day, not to mention the many millions more who rely on over-the-counter medications for everything from pain relief to digestive issues. The makers of these drugs have an obligation to create a product that is safe for human consumption. While it is accepted that many drugs come with side effects, the cost-benefit analysis performed by patients and doctors should outline the specific risks of taking a medication. When drug makers release a product that they know is dangerous or allow medicine to come to market without proper testing, they can cause serious injuries.
A Eureka dangerous drugs lawyer could help individuals injured by unsafe medicine to understand their legal rights. One of the skilled injury attorneys at our firm could review the circumstances of your case and help you pursue a path forward to recover compensation for your losses.
Missouri Laws Concerning Dangerous Drugs
Drug makers are just like any other manufacturer of goods that sells products in Eureka. They have an obligation to produce products that do not pose an unnecessary risk or harm to consumers if used properly. In fact, the obligations of drug makers are even higher in that they must submit their products to extensive testing before hitting the market.
Still, accidents can and do happen. Perhaps a drug maker did not examine a channel during testing that indicated a high prevalence of a dangerous side effect, or perhaps they did not perform the tests at all. In either event, state law asserts that makers of goods that cause an injury to consumers may be held liable. According to Missouri Statute § 537.760, the maker of a consumer product is strictly liable if a consumer used the product in the anticipated manner, and:
- The product was in a defective condition, or
- The product was unreasonably dangerous, and the customer did not have an adequate warning
This is a strict liability statute. This means that a drug maker cannot avoid liability even if they provide evidence at trial that they took all possible care in the making of the product. If the product causes an injury in the manner described above, the maker is responsible. A proactive Eureka dangerous drugs attorney is prepared to obtain the evidence needed to show that a drug maker was negligent in allowing a dangerous product to harm consumers.
Proving Drug Maker Responsibility
Simply alleging that a defective drug caused an injury is not enough to prevail in a lawsuit. In many cases of personal injury, dangerous drug claims included, a plaintiff must provide scientific evidence as to how the drug affected their health. This can often necessitate working with an expert pharmacologist who could testify as to how the chemistry of the drug was faulty. Ultimately, a plaintiff must be able to connect their injuries to the fact that the drug manufacturer put an unreasonably dangerous medication on the market.
Once the drug is proven to be unsafe, a plaintiff may make a claim for compensation for all of their damages. This can include physical injuries and the costs associated with treating them, but also economic losses from missing time at work or emotional trauma sustained in the incident. A knowledgeable defective drugs lawyer in Eureka could work with clients to establish the legal theory of their case and to demonstrate their losses in settlement talks and trials.
Reach Out to a Eureka Dangerous Drugs Attorney Today
Few injuries in life can be as demoralizing as the harm sustained by taking a defective drug. Millions of people rely on medications to perform vital functions such as controlling blood pressure, stabilizing mood, or relieving pain. Missouri state law says that drug makers are liable for any injuries caused by their product if that product was unreasonably dangerous.
A Eureka dangerous drugs lawyer could help you establish the fact that the medication that caused your injuries was unsafe. They work to examine the health of their clients after taking the drug, consult with experts who can testify as to the effect of the drug, and take the lead in demanding appropriate compensation. Contact a dedicated attorney at our firm today to discuss your case.