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A large percentage of the population takes a prescription or over-the-counter drug daily. For many people, medications are vital for their health and wellbeing. Drug companies must abide by strict rules, and the Federal Drug Administration must approve every drug before its available to consumers.
Unfortunately, dangerous or defective medicines sometimes still make it onto the shelves and into the hands of consumers. When you visit a doctor and begin taking a drug to improve your health, you have every right to expect the medication to be safe. When injuries occur, you can hold them financially responsible with help from a skilled attorney. If you were harmed by a medication, contact a Hamilton County dangerous drugs lawyer to go over your case.
Pharmaceutical companies and drug manufacturers owe a legal duty of care to ensure the drugs they put on the market are safe for consumers. When a person sustains injuries because of a defective medication, a court can hold the negligent party accountable. The injured person and their attorney could file one of three types of product liability lawsuits. A Hamilton County dangerous drugs attorney could help determine which category is appropriate for the situation.
Design defects occur when the pharmaceutical company designs the drug. The flaw affects all the drugs they manufacture under that design.
A manufacturing defect occurs during production. Rather than the medication design being defective, a problem might occur during the manufacturing process. This type of defect will usually only affect medications in production at that time or a specific batch of the product.
Defective marketing or failure to warn lawsuits occurs when the drug manufacturer does not warn consumers about potential side effects. These lawsuits may also arise if drug companies do not provide adequate instructions on how to take the medication, leading to consumer injuries.
There are strict rules a plaintiff and their attorney must follow when filing a defective drug claim for damages in Hamilton County. Per Tennessee Code Annotated § 29-28-107, the complaint must show the total amount of compensation the injured party is seeking to recover in the lawsuit.
If the petition does not have all the required information, the judge will dismiss the case. When the court dismisses a claim, the petitioner must refile, causing delays. If a delay causes the claimant to miss the statute of limitations, they could lose their right to recover compensation for injuries.
There is a strict period in which a person must sue for damages. Under Tennessee Code Annotated § 28-3-104, the plaintiff must file a claim for damages within one year of sustaining injuries. The time begins when the person discovers that the injuries occurred because of the medication, not when the manufacturer produced or sold the products. A knowledgeable defective drugs lawyer in the area could handle the court filings to avoid potential problems or delays.
If a dangerous medication injured you or someone you love, you could have the right to hold the negligent company accountable and collect compensation for damages. Drug companies must design, manufacture, and market drugs responsibly to avoid injuries, and when they fail this duty, they should be held responsible for their actions.
If a careless company caused injuries to you or someone you love, contact a Hamilton County dangerous drugs lawyer at Yates & Wheland to schedule a consultation. There are time limits for filing a civil action, so call today to start working on your case with an experienced member of our team.