If you've been taking a prescription medication that has caused adverse side effects, you might be wondering if you're able to sue the pharmaceutical company. Unfortunately, the answer isn't as cut and dry as you may think. Learn more about pharmaceutical lawsuits before you contact a lawyer.
Defective Product Liability Claims
When a person is injured or a product used has caused damage, that person is eligible to sue the manufacturer by filing a defective product liability claim. Many pharmaceutical lawsuits that arise from prescription medications causing adverse side effects are filed as defective product liability claims. However, in order to file a claim and receive compensation for the amount of suffering you've experienced, the side effects of the drug have to be unreasonably dangerous and unknown to you — meaning the doctor, pharmacy, or manufacturer didn't notify you of the side effects. If you were notified of the side effects before taking a prescription medication, you cannot file a lawsuit regardless of whether or not you've experienced significant side effects.
Class Action Lawsuits
Because product liability claims cannot be filed against a pharmaceutical company due to adverse side effects unless you haven't been notified of the side effects in advance, it's common for pharmaceutical lawyers to start class action lawsuits against pharmaceutical companies. Class action lawsuits have numerous plaintiffs, all of which have banned together to file a claim against a company. Class action lawsuits against pharmaceutical companies are typically filed because patients are experiencing side effects that are newer developments, which wouldn't have been included in the original side effect warnings for the medication. While this type of class action lawsuit is considered a defective product liability claim, it's specifically referred to as a defective marketing claim because the claim is filed because the company failed to provide adequate warnings for the type of side effects experienced.
Statute of Limitations
Defective product liability claims are subject to statutes of limitation, meaning any lawsuit filed needs to be filed within a specific time frame. While every state has specific statute of limitations for defective product liability claims, the amount of time varies by state. Because of this, you'll need to contact a pharmaceutical lawyer before filing a claim to ensure the statute of limitations hasn't passed.
No one wants to experience adverse side effects from prescription medications. After all, the medicine you take is supposed to relieve the side effects of your medical condition or cure it. If you've experienced unreasonably dangerous side effects from any medication that you're taking, contact a pharmaceutical lawyer to determine whether or not you're eligible to file a claim.
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