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Individuals take medicine with the expectation that it will help bring about recovery, but sometimes it makes things much worse. Medications can cause side effects with serious or even life-threatening consequences.

The companies that manufacture drugs are required to ensure that their drugs are safe for the public and that they provide adequate warnings of possible side effects. If a company fails to fulfill its duty to the public, it may be held liable for harm caused by its products even if the products have been approved by the US Food and Drug Administration (FDA).

But the time to file a claim is limited, so it is important to contact a Kinston dangerous drugs attorney right away if a patient has suffered harm from a prescription or over-the-counter medication.

Available Compensation

In cases where dangerous drugs have caused injury, illness, or death, courts have found the patient or family members to be legally entitled to certain compensation. The available damages have included:

  • payments to cover medical expenses
  • monetary compensation for pain, suffering, and mental anguish
  • compensation for lost income or loss of employment ability
  • funeral expenses

A dangerous drugs lawyer in Kinston can help either the injured patient or, in the event of death, the family of the patient obtain damages.

Difference to Other Claims

For the drug manufacturer or distributor to be held liable for harm caused by dangerous drugs, several facts must be proven. Medications undergo a thorough testing and evaluation process under the oversight of the FDA. Even with a lengthy test period, however, the information collected about the drug may be limited by a variety of factors.

For instance, the number of patients receiving the medication in clinical trials is much smaller than the number of patients who will take the drug after it is approved for the market, so the possible side effects may not become apparent during trials.

Clinical trials also might fail to reveal how the tested medication works in combination with other medications a patient may be using. Moreover, side effects and complications are often not diagnosed or reported.

For these reasons, proving that a drug manufacturer failed to live up to its legal duty of care to the public becomes a highly complex process. There are several ways a dangerous drugs attorney in Kinston can hold a drug company liable. A recovery could be based on:

  • Production of a drug in a defective manner
  • Improper labeling
  • Incorrect dosage instructions
  • Failure to warn of possible side effects
  • Failure to warn of possible drug interactions

Working with a Dangerous Drug Lawyer

While it can be challenging to prove that a medication is defective or a manufacturer failed to meet its duty to the public, an attorney with experience handling lawsuits of this type will understand the best procedures and tactics to use when pursing a legal claim again drug companies and will work to obtain the best possible recovery for patients injured by dangerous drugs.

That is why it is essential to contact a Kinston dangerous drug lawyer right away, even if a medical manufacturer has already admitted liability and started resolving claims. Patients injured by dangerous drugs need their own legal representatives to fight on their behalf.