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When someone takes medicine for an illness or pain, they expect it to help them and not to cause additional harm. Unfortunately, either due to a lack of proper testing or through a misinterpretation of test results, numerous unsafe drugs enter the market and are used by consumers.

Drug manufacturers have a legal duty to ensure that their products are reasonably safe. Therefore, when medication does not function as intended and causes a user to sustain harm, they have a legal right to seek compensation.

If you or a loved one was harmed after taking medication, a Cary dangerous drugs lawyer could work to determine if you could hold a negligent drug manufacturer responsible. A tenacious personal injury attorney could help you to understand the relevant laws, gather the necessary evidence, and build a persuasive case on your behalf.

Who is Responsible for Dangerous Drugs?

While the choice to take any medication should involve a risk-benefit analysis by a user, it is still the responsibility of drug manufacturers and distributors to first discover and disclose any and all possible side effects. Even the safest and widely-trusted substances, such as aspirin or antacids, could have side effects when improperly used.

A poorly-created or wrongfully distributed drug, however, could have a devastating impact on a user. If the drug has an error in its chemistry during the creation process, it might have numerous unforeseeable and unintended effects. Similarly, an issue might arise from manufacturing mishaps that result in the drug becoming tainted or contaminated. For these and other errors, a negligent drug manufacturer or distributor may be held responsible for any subsequent damages a user sustains.

Determining Fault in Cary

In North Carolina, there are specific and complex laws that control how an injured person might try to hold a drug manufacturer or distributor responsible. Generally, a plaintiff has two usual paths to take toward a potentially-successful case involving dangerous substances: failure to disclose and defective design.

Failure to Disclose

This basis for a claim involves proving that the manufacturer of a drug did not adequately disclose safety information. Pursuant to North Carolina General Statutes §99B-5, a plaintiff might be able to collect compensation if they prove that the manufacturer or maker of a substance did not present adequate warnings of all possible side effects, or did not provide instructions for proper use. A meticulous attorney could help people analyze the packaging and advertisements produced by the maker of a dangerous substance in order to pursue a claim on this legal basis.

Drugs with a Defective Design

If safety warnings were adequately provided, a plaintiff may instead allege that a defective design in the chemistry of the drug caused their injuries. For example, a drug that is designed to lower blood pressure might have a negative impact on the body’s ability to clot after a cut. N.C.G.S. §99B-6 states that a claim may be successful if it provides an alternative design that serves the same function of the drug but does not result in the same harmful side effects that caused an injury.

Seek the Services of a Cary Dangerous Drugs Attorney

Federal regulations require all drug manufacturers to submit their products to intensive testing and to disclose all known side effects because they reach the market. Due to this, it is reasonable to suspect that you are safe when taking a drug recommended by a doctor or purchased from a pharmacy.

However, if you were injured due to the negligent behavior of a drug manufacturer or distributor, you have a legal right to seek compensation for numerous economic and non-economic damages including medical bills, lost wages, and mental anguish. A Cary dangerous drugs lawyer could help. By assessing your circumstances and utilizing North Carolina laws that allow injured individuals to file claims against inadequate warning or defective design, a tenacious dangerous drugs attorney in Cary could work to try to get you the compensation that you deserve. To learn more, contact an experienced legal professional today.