Many people take prescription and over-the-counter medications every day to keep conditions, such as high blood pressure, cholesterol, heartburn, and diabetes, under control. Unfortunately, some medications are rushed to production before adequate testing, which can result in people suffering serious harm.
If you or a loved one suffered harm due to taking a pharmaceutical product, a Nashville dangerous drugs lawyer could help you. A hardworking attorney could determine whether the drug company that developed it, the manufacturer, or the prescribing physician is responsible for the harmful medication and hold them financially liable.
FDA Drug Approval Process
The U.S. Food and Drug Administration (FDA) is the government agency responsible for testing and approving all medications released to the American public. In recent years, drug manufacturers have lobbied the FDA to approve medicines more quickly than in the past and to reduce testing protocol to do so, which could result in these medications being less safe.
Some companies are known to suppress evidence during the FDA process in hopes that a drug is approved more quickly. However, a drug’s safety is never fully known until a broad population uses it as clinical trials are often limited.
After pharmaceutical companies lobby and receive approval based on their scientists’ clinical trials, the FDA maintains records of its approved drugs to log any problems that appear after use becomes widespread. These records include:
- Deaths of those using the drug
- Labeling updates
- Results of any additional tests
- Complaints by consumers concerning side effects
- How consumers are using the drug for other conditions
- How pharmaceutical companies advertise to consumers
As the watchdog for unsafe pharmaceutical drugs, the FDA is fallible, and a Nashville lawyer could hold a drug manufacturer responsible for injuries suffered by a person who took a dangerous medication.
Who is Liable for a Harmful Medication?
The pharmaceutical company is the first party most people think of when considering a dangerous drug lawsuit, but other defendants responsible for a patient’s injuries could be the manufacturer, marketing company, prescribing physician, and the pharmacist. A seasoned lawyer in Nashville could help someone harmed by an unsafe medicine determine who was responsible and build a strong claim against them.
Compensation for Harm Caused by Unsafe Drugs
People harmed by a dangerous medication could seek legal recourse in the form of economic and non-economic damages. Economic damages are easily calculated, and include monetary expenses related to the harm caused by the medication. This could include medical bills, lost wages, and prescription costs.
Non-economic damages are subjective, and include human losses such as pain and suffering, loss of consortium, disfigurement, emotional trauma, and loss of future earnings. As these losses are more difficult to quantify, it is important for plaintiffs to have a compassionate local attorney who could effectively explain how the harmful medication negatively impacted their life.
Tennessee Code § 29-39-104 permits punitive damages in personal injury awards if the plaintiff can show the defendant acted intentionally, recklessly, fraudulently, or maliciously. A judge must decide if the defendant’s actions amount to the standard of law.
Statute of Limitations
The legal deadline to bring a claim for injury to a consumer from an unreasonably dangerous product is six years from the date of the injury, as per Tenn. Code § 29-28-103. However, many exceptions apply. A Nashville attorney familiar with dangerous drug claims could determine how long a claimant has to file a lawsuit.
Seek Guidance from a Nashville Dangerous Drug Attorney
The medications you take are meant to ease your medical conditions and help you live a healthier life. For the most part, they do that with oversight by the FDA. Unfortunately, sometimes drugs are not tested adequately or are marketed and prescribed indiscriminately.
If you suffered debilitating side effects after taking any medication, a Nashville dangerous drugs lawyer could calculate the extent of your injuries and the compensation you deserve to be made whole. Call our team today to discover what we could do for you.