Whenever a consumer is prescribed medication or purchases an over-the-counter drug, they have the right to expect that the resulting reactions will be predictable. However, far too often, errors in the manufacturing or design process result in dangerous drugs. These could affect a person’s health in critical ways and may result in life-altering injuries.

A Rocky Mount dangerous drugs lawyer may be able to provide you with insight regarding your legal options. An experienced attorney could work to explain the state’s laws concerning product liability and take steps to prove claims against negligent drug companies.

Dangerous Drug Cases as Examples of Defective Product Claims

All manufacturers in Rocky Mount have the same obligation to create products that are safe for their intended uses. However, just because a consumer used the product as intended and suffered an injury does not automatically mean that the maker is liable.

There are two ways to prevail in a dangerous drugs product liability case. State law determines these methods. According to North Carolina Statute §99B-5, a failure to provide an adequate warning of potential hazards is the most applicable to dangerous drug cases. Here, a plaintiff must show that the manufacturer acted unreasonably in failing to provide warnings about the risks associated with taking the drug. This may include showing that the maker did not make proper disclosures to the Food and Drug Administration or that the labeling on a bottle indicated an unsafe dosage.

Another potential way to prove product liability is by showing that an improper design resulted in an unsafe product. Under N.C. Stat. §99B-6, plaintiffs here must show that the poor design of the drug was responsible for their injuries. Additionally, plaintiffs need to prove that an alternative design might have produced similar profits for the maker while mitigating the threat to the user.

Potential Compensation Following a Dangerous Drug Injury

The choice to take any drug, whether it is available over the counter or with a prescription, is one that requires careful consideration. This is because taking a medication introduces a foreign substance into the body that could have a dramatic effect on a person’s health. It is plain to see why proper chemistry and labeling is so important.

If we take an example of a person taking a blood pressure medication, a mislabeling that indicates a smaller dosage than that in the pills could lead to an overdose. Since blood pressure pills could work to relax heart muscles or by thinning one’s blood, this could result in a lack of blood flow to vital organs.

The following damages could be catastrophic. Claims for damages in dangerous drug cases often demand:

  • The payment of medical bills for emergency care, hospitalizations, and rehabilitative services
  • Payments for pain, suffering, or other drops in quality of life
  • Reimbursement for lost wages due to time making a recovery or any resulting permanent injury

A Rocky Mount dangerous drugs lawyer could work to evaluate how a dangerous drug has affected a plaintiff and to demand appropriate compensation from all at-fault defendants.

A Rocky Mount Dangerous Drugs Attorney May be Able to Help

The makers of all drugs have a duty towards their consumers. This includes an obligation to create an effective design and to provide warnings about proper use and possible side effects. Either due to error or misrepresentations, dangerous drug injuries remain frequent. Drug makers who violate state law concerning product liability are responsible for providing compensation for any resulting losses.

A Rocky Mount dangerous drugs lawyer stands ready to take the lead in your case. They could work to explain the complicated product liability laws and how they apply to dangerous drug cases. They could then choose a theory of the case that fits your situation and take every possible step to prove your claim in settlement talks or trial. Schedule a consultation today to get started on your claim.

Raleigh Personal Injury Lawyer | North Carolina Injury | Whitley Law Firm

Raleigh Personal Injury Lawyer | North Carolina Injury | Whitley Law Firm
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