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The makers of prescription drugs have a legal duty. Not only must these drugs function as advertised, but the makers must also advise their consumers of all potential side effects and provide instructions for safe use. A failure to meet either of these standards may leave these drug makers vulnerable in case of an injury.

A Wilson dangerous drugs lawyer may be able to help people who have suffered an injury after taking an over the counter or prescription medication. A trusted injury attorney could work to evaluate the cause of a person’s injuries and to determine if a drug maker carries any liability.

Pursuing Claims under the Defective Design Theory

One of the most common ways to prove drug maker negligence in relation to a personal injury is to argue that a drug maker used a defective design. According to North Carolina Statute §99B-6, plaintiffs must show that not only did a defective design result in their injuries, but also that an alternative design exists that would have prevented the harm. In these claims, it is often necessary to work with an expert in pharmacology who can provide testimony as to the dangerous nature of a drug and how a different chemical formula might have prevented a plaintiff’s losses. A Wilson dangerous drugs lawyer could help to argue claims centered around defective design.

Failing to Warn about Harmful Side Effects

The other method for plaintiffs to prevail in dangerous drugs case is called failure to warn. Under North Carolina Statute §99B-5, plaintiffs can allege that a drug maker failed in their duty to provide adequate warnings about the dangers associated with their products.

In dangerous drug cases, this usually means that a drug maker failed to provide proper notice about the potential side effects associated with the substance or failed to perform adequate testing. However, it is also possible to prove that a drug maker did not provide proper instructions about how to safely use the product. A Wilson dangerous drugs lawyer could work with plaintiffs to evaluate the packaging and advertising of medications to evaluate whether a drug maker met their burden under the law.

Opportunities for Recovering Compensation

Victims can recover compensation for various types of damages. If a person suffered physical injury, they may require medical attention. The medical costs associated with a person’s injuries may be considered when preparing an estimate for money owed. An attorney would also advise you to include intangible items such as loss of enjoyment of life and pain and suffering. Considering the complexity regarding the calculation of damages, it is strongly recommended to work with a dangerous drugs attorney in Wilson to avoid making any mistakes causing you to lose out on compensation.

A Wilson Dangerous Drugs Attorney Could Help to Protect Injured Consumers

The makers of every product have a duty to not sell items that pose a risk to the public. This even extends to pharmaceutical companies who sell over the counter or prescription medications. Every manufacturer must ensure that their chemical formula is safe and provide consumers with instructions for proper use and adequate notification of all potential hazards.

Failures to meet this requirement may create legal liability. A Wilson dangerous drugs attorney could help to argue that a defective design resulted in your injuries. Alternatively, they could promote a claim centered around and failure to disclose potential dangers associated with using the drug. Contact a Wilson dangerous drugs lawyer today to schedule a consultation.