Lawsuits concerning dangerous drugs fill the news. Drugs for acid reflux, such as Zantac, Prilosec and Nexium have been linked to cancer. Topomax, a drug used to treat epilepsy and migraine, has been linked to birth defects. Opioids have been proven highly addictive.

Examples of health conditions that may be caused by unsafe drugs and which have led to lawsuits include:

• birth defects
• liver failure
• kidney failure
• pancreatitis
• suicidal thoughts and ideation
• pulmonary embolism
• cardiac arrest
• heart attack
• heart failure
• cancer

What duty do drug manufacturers have?

Drug manufacturers have a legal responsibility to ensure that their products are properly tested, designed, and manufactured. Failure to meet this duty can put millions of people who are prescribed and take those drugs at risk.

What is product liability?

When filing a dangerous drug lawsuit, the plaintiff must prove that the drug that injured them is defective or dangerous for its intended use.

Drugs can be defective in the following ways:

• Defect in manufacturing such as contaminated drug
• Problems in the marketing of the drug, such as improper labeling, lack of appropriate safety warnings, or failure to warn the patient or their prescribing doctor of particular risks associated with the drug
• The drug’s dangerous side effects are not disclosed and/or outweigh its benefits
• The drug is provided with inadequate warnings or instructions for use and dosage
• The pharmaceutical company failed to conduct adequate drug trials or testing
• The pharmaceutical company failed to continue to perform safety testing of the drug after manufacture

Who is responsible?

Generally, the drug manufacturer is responsible for the harm caused by a dangerous drug. Not only are these cases normally complex and expensive to pursue, but they often involve class actions or “multi-district litigation” in which numerous claims of injury are involved in one related action.

A different type of claim would be involved if your doctor was negligent in prescribing a drug that caused you harm. For instance, a doctor may have prescribed the wrong medication or the wrong dosage. That would lead to a lawsuit for medical malpractice against the doctor for the harm caused.

Likewise, a pharmacist and pharmacy must meet their legal obligation to fill your prescription with the right drug and dosage, and identify and warn you of dangerous drug combinations or drugs that would be dangerous for you to take. If they fail to do this and you suffer injury from an improper drug as a result, you have the right to seek compensation from them as well.

Cohen, Feeley, Altemose & Rambo protects victims of dangerous drugs

If a manufacturer fails to meet their obligation of keeping their products safe, and someone becomes ill or injured as a result, the injured person should be compensated. This is true whether the product is a machine, household appliance or dangerous drug.

Doctors are also responsible for prescribing the proper drugs in the proper dosages, and pharmacists are required to fill a doctor’s prescription accurately while also making sure there is no dangerous drug interaction or contraindication for the drug.

Victims of dangerous drugs, dangerous drug prescriptions and pharmacy errors may be entitled to compensation for:

• Past and future medical bills
• Lost wages
• Loss of future earning capacity
• Pain and suffering
• Mental distress
• Embarrassment and humiliation
• Physical impairment
• Physical disfigurement
• Wrongful death damages to surviving family members

Complex cases need experienced attorneys

With our unsurpassed litigators, Cohen, Feeley, Altemose & Rambo has prepared and tried numerous dangerous drug and drug injury cases over the last 50 years. We fight for a maximum settlement to compensate the victim for all aspects of their injuries.

Have you been injured by a dangerous drug, a dangerous drug prescription or pharmacy error?