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Americans who need health care are at the mercy of their physicians and the drugs that they prescribe. They must rely on the faith that such drugs are safe and will help them, not hurt them. But tragically, that often is not the case. In fact, many thousands of Americans annually have been injured or even killed by defective drugs.
When such drugs turn out to be defective, it’s as if innocent Americans have served as test subjects, and when those drugs prove harmful, those victims pay the biggest price. For an individual American, securing such economic recovery – and the sense of justice to go with it – can be extremely difficult. Pharmaceutical corporations have enormous resources, drawn from the huge profits they’ve accumulated over the years. Their defective drugs can cause serious injury to users who took them on faith when given a physician’s prescription.
These victims are entitled to financial compensation for their losses, including their medical bills, their lost present and future salary and their pain and suffering. A defective drug lawsuit attorney from Jim Adler & Associates can seek such recovery from the pharmaceutical companies.
To file a claim for a defective drug fatality or injury, first notify an attorney with Jim Adler & Associates for a free legal consultation.
Survivors of a defective drug victim who perished can recover compensatory damages for losses such as medical and healthcare costs to the victim before death, burial or cremation costs, lost present and future wages, lost inheritance and loss of companionship.
Victims also can seek punitive damages in which the drug’s maker is punished for gross negligence in producing, marketing and selling a product if it was known this product could kill innocent Americans.
For evidence, retain all records of pharmaceutical drug prescriptions, diagnoses and physician visits, along with a history of side effects and treatments of side effects. Also retain the defective medication and its container, unless advised by a health professional to destroy them for safety reasons. In that case, make a note of the prescription information and where the drug was purchased.
In filing a defective drug wrongful death lawsuit, plaintiffs can hold responsible the original manufacturer and seller of the drug, and also possibly those who wrote an inadequate warning label or who provided unsafe packaging.
Prescribing physicians cannot be sued for deaths caused by legally sold pharmaceutical drugs that were properly prescribed for their intended purpose.
Most deaths due to prescription drugs involve accidental overdoses, allergic reactions and other adverse drug events (ADEs) involving legitimate drugs. These ADE’s cause 700,000 emergency room visits and 120,000 hospitalizations yearly, according to the Centers for Disease Control and Prevention.
Other drug deaths are due to defective medication, though no statistics are known to quantify the nationwide number of fatalities. The causes of many fatalities remain in dispute until or unless cases are resolved in defective drug lawsuits that find the manufacturer responsible for such deaths.
Tragically, many defective drugs can have fatal side effects. Among such drugs are:
This defective antipsychotic and antidepressant drug has many adverse side effects, including stroke, diabetes or high blood sugar, and can raise the risk of death for elderly persons . It also carries a “black box” warning from the U.S. Food and Drug Administration that users under 24 may commit suicide after taking the drug.p>
Used to reduce seizures, including epilepsy, as well as migraine headaches, Depakote can lead to cleft lip, missing limbs and other birth defects in children if used by pregnant women. Anti-seizure drug Topamax also has been shown produce such birth injuries.
If taken by young males, antidepressant drug Risperdal can cause a side effect known as gynecomastia , or development of male breast tissues. Gynecomastia is often characterized by pain and severe psychological and emotional trauma and may require treatment such as mastectomy, liposuction or medication.
Also known as gliflozins, SGLT2 inhibitors are prescribed to help type 2 diabetes patients control glucose levels by removing excess sugar via urine produced by the kidneys. Yet severe — even fatal — side effects can arise, including heart attacks, kidney failure and diabetic ketoacidosis. Common SGLT2 inhibitors include Invokana, Invokamet, Jardiance, Farxiga, Glyxambi and Xigduo.
Low-T testosterone treatments are given to many aging men to restore testosterone levels, yet these treatments can cause stroke, heart attack, blood clots or even death . Other dangerous side effects include a higher risk of blood clots, myocardial infarction, mini strokes and Transient Ischemic Attack (TIA). Testosterone therapy treatments include Androderm, AndroGel, Axiron, Bio-T-Gel, Delatestryl, Depo-Testosterone, Fortesta, Striant, Testim and Testopel.
This anticoagulant or blood thinner can cause uncontrolled internal bleeding , abnormal liver function and reduced platelet levels. In fact, Xarelto has been shown to cause the fatal blood clots and strokes it is meant to prevent.
The anti-nausea medication for chemotherapy or post-surgery patients can cause many serious birth defects when taken by pregnant women, including an abnormal and potentially deadly heart rhythm called Torsade de Pointes. . The FDA has issued a warning about this side effect for babies. Zofran’s maker paid $3 billion in the largest healthcare fraud settlement in U.S. history after it was discovered that the medication was being inappropriately prescribed to treat morning sickness.
Many other drugs have harmed innocent Americans over the years. For various reasons, not all such drugs remain active in litigation today.
Filing a wrongful death lawsuit against a defective drug manufacturer is much the same as making other wrongful death claims, such as a claim against the insurance company of a bad driver who caused a fatal car crash. However, some federal protections for drug makers may prevent a defective drug lawsuit from being filed.
A 2011 Supreme Court ruling found that makers of generic versions of drugs could not be held liable for inadequacies in safety warnings on the drugs’ labels, unlike the pharmaceutical companies that originally produced and sold the branded drugs.
On June 24, 2013, the Supreme Court upheld this judgment by ruling in favor Mutual Pharmaceutical Co. while overturning a multimillion-dollar jury award to a New Hampshire victim of a generic drug that Mutual produced. The court held that generic drug makers could not be sued under state law for adverse reactions to their products.