Drugs and medications should undergo thorough testing before being sold on the market to the general public. The Food and Drug and Administration (FDA) also reviews tests and findings to confirm that a new drug is reasonably safe and capable of doing what it is advertised as doing. However, innocent consumers and patients still suffer from the side effects of defective drugs and medications every year.
Do not let Big Pharma get away with selling you a defective drug that caused you so much harm. If you suffered an injury because of a defective drug or medication, Portner & Shure, P.A. and our Richmond defective drug lawyers want to hear from you. With our decades of collective legal experience, we know what it takes to go head-to-head with major corporations and their insurance companies.
Talk to our team at your next opportunity. Dial (410) 995-1515.
Pharmaceutical Industry Issues
The testing regulations and oversight imposed by the FDA make it seem like only safe drugs can be sold on the market. However, the reality is a bit different. Big Pharma companies are allowed to test their own products and hand the reports to the FDA for review. It is extremely rare for the FDA to actually conduct or contract a test.
The lapse in direct FDA involvement gives pharmaceutical companies to lie on test results, intentionally leave out key information, skip certain tests that could show a problem, and so forth. Ultimately, a drug can reach the market with many dangers that the manufacturer knows about but never disclosed to anyone, not even the FDA.
Examples of popular drugs with known defects:
- Accutane
- Chantix
- Fosamax
- Lipitor
- Paxil
- Pradaxa
- Propecia
- Viagra
- Xarelto
- Zoloft
Two Types of Defective Drug Claims in Virginia
You can bring forth two types of claims after being hurt by a defective drug:
- Defective claim: You will assert that the drug or medication you took was defective by design, such as combining substances that always produce an unsafe secondary substance. This type of claim will also try to prove that the drug manufacturer knew about or should have reasonably known about the defect yet sold the drug anyway.
- Breach of warranty claim: You will assert that the drug manufacturer did not adequately warn you and other patients of the drug’s potential risks. Drug companies owe it to consumers and patients to list all possible side effects, and not doing that is technically a breach of warranty.
In either situation, you will need to prove with at least a 51% likelihood that the drug you took caused your injuries or illnesses. Our Richmond defective drug attorneys can network with medical professionals to get evidence that benefits your claim.
You can also demand the same damages whether you claim the drug was defective or if a warranty was breached. With a successful claim, you could receive compensation that helps pay for medical bills, lost wages, and undue pain and suffering.
Reasons to Consult Our Legal Team
When you are considering taking on Big Pharma after their product hurts you, choose a legal team you know can see your claim through from start to finish. Our multilingual team from Portner & Shure, P.A. has the experience, insight, and knowledge needed.
