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Can Drug Manufacturers Be Held Responsible for Dangerous Side Effects That Result in User Harm?

Feb 14, 2018 | By , on Personal Injury.

Drug manufacturers, like all product manufacturers, are expected to ensure that the products they bring to the marketplace are reasonably safe for use. While some drugs do have side effects, the fact that medications often have inherent risks does not absolve drug manufacturers of their obligations to patients. If a drug is brought to the market that turns out to be dangerous or to have unexpected side effects, victims should be entitled to receive compensation for the harm that the drug has caused them.

Miami product liability lawyers can provide representation and help to victims harmed by dangerous drugs. If you or someone you love has been hurt or passed away as a result of a drug that turned out to be risky and harmful, contact an experienced attorney for help as soon as possible to find out if you can hold the drug manufacturer accountable.

When Can Drug Manufacturers Be Accountable for Harm Suffered by Victim Users?

Drug manufacturers must comply with FDA requirements, must ensure they do adequate testing to understand the risks of medications, and must provide appropriate warnings to patients about risks associated with using medications.

If a drug manufacturer fails to fulfill these obligations, manufacturers could be held liable if patients experience unexpected or dangerous side effects from medications they use.  Drug side effects can often be serious or fatal, and victims have a number of different legal arguments they can make to try to hold drug makers liable for losses.

Victims can claim that the drug manufacture is liable due to failure to warn if the manufacturer was aware of side effects and failed to disclose them. Manufacturers are also strictly liable for harm that occurs when a product is used as intended but causes unexpected damage. This means that a victim does not have to prove negligence on the part of the drug manufacturer in order for the product maker to be held accountable. If a manufacturer released a drug and a patient used that medication and experienced a harmful side effect the patient hadn’t been made aware was a possibility, the patient should be able to hold the manufacturer accountable in most circumstances.

One of the most challenging parts of cases against drug manufacturers, however, is proving that the drug was the specific cause of harm. Many side effects are health issues that could have multiple causes, so victims will need to ensure they are able to prove that the drug was the reason for the damage that they experienced. FDA recalls, expert testimony, and scientific evidence are some of the different ways that victims could make their case against a drug maker.

Miami product liability lawyers can provide help to victims harmed by defective drugs and can offer assistance to those who wish to pursue a case against drug manufacturers who should be held accountable for releasing dangerous products. To find out more about your options and how you can take action when you’ve been hurt by a drug or other medical product, contact an attorney as soon as possible.

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