Side effects are sometimes an unavoidable part of taking a drug. The majority of humans worldwide have drugs to thank for an extended lifespan. This is because scientists have since developed medications that cure some of the diseases that killed thousands previously. But, unfortunately, we often have a price to pay: drugs’ side effects.
All drugs have side effects. This includes aspirin down to the most advanced prescription medications. Fortunately, many such side effects are minor. So, when you take drugs, you don’t even notice the adverse effects. Furthermore, when you do, your body gets over it quickly.
Sadly, however, some drugs have worse effects on patients. These adverse consequences could range from entirely new illnesses to death on rare occasions. Therefore, if you think you’ve taken a harmful drug, it’ll be best to hire a mass tort attorney.
Common Side Effects of Drugs
Most drugs will result in one of the following minor problems:
- Body aches
- Stomach upset
Some of these side effects go away with time. However, there are more severe side effects. For instance, Taxotere, a chemotherapy drug, is now known to cause permanent alopecia. Furthermore, Truvada is currently in the news for serious side effects such as kidney failure and osteoporosis. Even people who take Zantac for heartburn now have significantly higher chances of suffering cancer.
The Manufacturer’s Duty to Warn Consumers
Drug manufacturers have the best knowledge of their products. Therefore, the law imposes an obligation on them to warn the public of any side effects. Often, they do this by attaching warning notices on the drug’s pack. Furthermore, they could notify the medical community.
Notably, this responsibility is ongoing. Medicine makers also have to inform the Food and Drug Administration (FDA) of any new side effects. This way, they can continually safeguard patients.
Unfortunately, drug manufacturers often withhold such information. For instance, they only inform the public of the lighter consequences of their drug. Furthermore, they sometimes don’t warn consumers of the extent of the drug’s side effects.
When this happens, the manufacturer will be liable for such misinformation or data withholding. Consequently, you can sue the drug makers for any harm you’ve suffered through their medication. There are currently many lawsuits around the country, with consumers claiming the manufacturers lied about their drugs.
How to Prove Drug Liability in Court
To win a drug liability claim, your attorney must prove three essential elements. They include that:
- You sustained an injury
- The drug that caused the adverse effect was defective
- Your injury resulted from a defect in the medication you ingested
When trying to establish drug liability, the first thing to note is that proceeding against pharmaceutical companies without a lawyer is a bad idea. This is because Big Pharma will do anything to keep making money off a harmful drug, including manipulating research. Furthermore, they’ll have good lawyers that can even blame your side effects on your lifestyle.
Below are ways a lawyer can prove the drug’s defect:
The best bet for any lawyer to prove a drug’s adverse effects is to rely on the result of scientific research. Many organizations frequently investigate drugs. Moreover, when a drug gets bad press, it usually leads to active research on the medication.
The goal usually is to discover if the claims against the drugs are valid. Consequently, these organizations often do the lawyer’s job for them. An excellent attorney can now rely on the conclusions of such research to prove your injury to the court.
Attorneys often have no medical or other scientific qualifications. Therefore, they’ll need expert witnesses to interpret research data in court. Such witnesses would include experts in a particular field. Furthermore, doctors who’ve treated patients with the problematic drug can be great witnesses too.
Sometimes, the drug’s side effects aren’t hidden. However, the manufacturer didn’t issue proper warnings. In this case, you have to establish the defective notice. For instance, you could show how the side effect was worse than the maker said it’d be.
Hire the Best Mass Tort Attorneys to Establish Your Claim
Many victims of defective drugs and health products cannot prove that the drugs that hurt them were defective. This isn’t surprising because establishing drug liability requires experience and knowledge. However, you wouldn’t have to bother about this if you hire the best mass tort attorneys around.
Our lawyers at Rueb Stoller Daniel are currently handling multiple drug liability suits. We have also won many before. So, we have sufficient knowledge and an excellent track record of proving a drug’s adverse side effects. Therefore, it would be best to engage our services if you think any of the drugs we mentioned have harmed you. You can call us today for a FREE consultation on your case.