Medical professionals prescribe drugs to patients to help them manage their pain and improve their well-being. However, when the drugs are defective, they can cause severe injuries, risking patients’ lives. If you have sustained any harm due to a defective drug, you may have a right to take legal action against the responsible party.
An Ashland defective drugs lawyer at Isaacs & Isaacs Personal Injury Lawyers can help you understand your legal options and how to protect your rights.
How Our Ashland Defective Drugs Lawyer Can Help
According to the Centers for Disease Control and Prevention (CDC), nearly half of Americans have gotten prescription drugs in the past month from their physicians. The demand for prescription and over-the-counter medication is high. However, as manufacturers work to meet this demand and as more new drugs come on the market, the risk of taking substandard drugs has increased.
Claiming compensation after sustaining an injury from a defective drug can be challenging. Ensure you have a valid claim and protect your chances of collecting full compensation from the liable party by working with our defective drug lawyer in Ashland.
Here are several things that our team led by Darryl “The Hammer” Isaacs can do to help your case:
Conduct a Thorough Investigation
Defective drug claims require thorough investigations to determine the cause of the defect and the liable party. Our lawyer can work with experts to help prove that the drug was defective or another party was responsible for your injury. Although a party may be liable, you still have to prove that their negligence caused harm. Our lawyers can gather evidence and build a solid case to complete this task.
Some of the evidence we may use include medical reports, expert reports, testimonies, an order for a drug recall from the Food and Drug Administration (FDA), proof you took the drugs or a prescription, medical bills, etc.
We may also use these and more evidence to know the damages you should pursue and calculate an estimated monetary value.
Negotiate a Settlement
Once our lawyers prove liability and damages, they can negotiate a fair settlement. Count on us to continue to fight for your rights, even at trial, to help you get compensation for all your losses if we cannot settle your case during negotiations.
Work on Contingency Fees
Isaacs & Isaacs Personal Injury Lawyers handle defective drugs cases on a contingency fee basis. You don’t pay any upfront fees or costs, as we don’t take payment unless and until we resolve your case.
For a free legal consultation with a defective drugs lawyer serving Ashland, call 800-333-9999
Recoverable Damages in an Ashland Defective Drugs Case
The effects of taking a recalled or defective drug can be very severe. Sometimes, the injuries a victim sustains can be fatal or life-altering. If you are a victim of a defective drug, there are several damages you can claim.
These damages may include:
- Current and future medical expenses
- Lost income, reduced earning capacity, or loss of future income
- Pain and suffering
- Diminished quality of life
- Loss of consortium
- Funeral and burial expenses in case the injury was fatal
Ashland Defective Drugs Lawyer Near Me 800-333-9999
The Statute of Limitations on Defective Drugs Lawsuits
In Ashland, Kentucky, Ky. Rev. Stat. § 413.140(1) states that most victims have one year to file a lawsuit after getting injured due to defective drugs. Those who have lost a loved one to a health complication resulting from taking a defective drug typically have one year to file for wrongful death, per Ky. Rev. Stat. § 413.180.
Failure to file by the deadline may lead the court to throw your case out of court. However, if you let us know about your case soon enough, we can comply with your deadline.
Liability in Defective Drug Claims
Every over-the-counter and prescription drug in the U.S. must be subject to stringent tests by the FDA. These tests aim to ascertain that a drug is safe for human use. A pharmaceutical company must ensure they provide safe and effective medicine for consumers. This includes conducting extensive research and testing the treatment before introducing it to the public.
Also, they are responsible for disclosing every medicine’s content to the FDA and the public, including the possible side effects. Though the FDA may declare a drug fit to use, the pharmaceutical company must manufacture the drugs correctly and avoid contamination. Drugs can become defective when they have been improperly tested or rushed through production.
Any failure by the company to uphold the proper standards and regulations and any slight change in formula can affect the drug and harm the consumer. If the company fails to keep its duty of care and causes injury to a consumer, it can be at fault and liable for any damages that result from its negligence. A pharmaceutical company can be at fault for the following:
- Inadequate testing
- Altering drug formula
- Failing to warn about possible side effects
Multiple Parties Can Be Liable for Your Related Injuries
Other liable parties in defective drug claims can be a pharmacist, a healthcare facility, or a physician. These parties can be at fault for filing the wrong prescription, mishandling drugs, wrong prescriptions, and more. Anyone involved in manufacturing, testing, or distributing the drugs can also be liable.
Filing a claim against these parties is never easy. To help your case, it may be beneficial to seek help from our defective drug lawyer from the beginning.
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Hire Our Defective Drugs Lawyers Serving Ashland, Kentucky Today
Though we cannot undo the harm the defective drug caused, an Ashland defective drug lawyer here at Isaacs & Isaacs Personal Injury Lawyers can fight to protect your legal rights and help you claim compensation for your damages.
Connect with us and get a free case review. We’re ready to put our more than 400 years of combined legal experience to work.