Dangerous Drug Injuries

Compensation Available for Dangerous Drug Injuries

Dangerous or defective drug injuries can be physically, emotionally, and financially catastrophic, and trying to calculate the compensation that a victim and their loved ones are entitled to is a complicated process. There are many factors to consider, and no “one size fits all” solution to determining the money a victim is owed. That’s why it’s so important to work with a proven drug injury attorney, whether you’re pursuing compensation from a pharmaceutical company, drug distributor, or another party responsible for putting an unsafe drug on the market. Take a look at some of the major factors that are considered when calculating the compensation a victim is entitled to:

Medical Expenses

The recovery process after a drug injury can be long, involved, and costly, and may include hospital stays, surgeries, and long-term care.

Lost Wages

Following any injury, a victim will likely miss out on income, or their overall earning capacity will be diminished. This also includes PTO used, retirement contributions, and more.

Rehabilitation and Home Care Expenses

Home care, assistive devices, and other costs can accrue well after the medical expenses taper off, and these must be compensated.

Pain and Suffering

The pain and suffering that a victim endures following a drug injury is more abstract than tallying up the dollar values for measurable losses and expenses, but they are equally important when it comes to determining the amount they are owed.

Wrongful Death Damages

In the event of a fatal drug injury, the surviving family members and beneficiaries are entitled to a host of damages, including loss of consortium, funeral expenses, long-term lost wages, and more.

Types of Dangerous Drug Injuries

Dangerous drugs and drug interactions can impact nearly every system in the body, and the specifics of the injury will vary depending on the type of drug and a number of other factors. Below is a list of some of the most common injuries, but whether or not you see yours listed, contact our law firm right away to request a free consultation so you can connect with a drug injury lawyer right away.

• Cancer
• Kidney or liver failure
• Heart attacks
• Strokes
• Blood clots or embolisms
• Gastrointestinal damage
• Neurological damage
• Birth defects
• Death

Causes of Dangerous or Defective Drug Injuries

Most often, defective or dangerous drug injuries are the result of a systemic failure in drug development or marketing: gross oversights that led to harmful compounds making their way into the open market. Drugmakers are required to bring every drug through rigorous testing, and must disclose all risks and observed side effects clearly. Any dangerous products must immediately be recalled, but a recall often comes after there have been reported injuries.

Major causes include:

Inadequate Clinical Testing

Clinical trials take place before FDA approval, but many are pushed through to this phase with limited trial sizes or make it to market after rushed approval phases that overlook serious long-term issues or rare side effects.

Some drugs boast impressive short-term results, but may overlook serious injuries that result from long-term use.

Finally, vulnerable populations like pregnant women, individuals with comorbidities, children, and the elderly may be underrepresented in clinical trials, and complications may not become clear until they are approved.

Failures to Warn About Side Effects

Even if a drug manufacturer takes all of the necessary steps to complete a comprehensive trial and FDA approval process, they may omit side effects from their marketing and informational materials, or downplay known risks.

Some victims find out after the fact that they were not warned about risks of issues like strokes, cancer, organ damage, or other serious, known risks that were not disclosed.

Off-label Marketing

Drug manufacturers may encourage healthcare providers to write off-label prescriptions for uses that are not considered during the FDA approval process. Promoting drugs to the non-specified population or to treat unrelated conditions will increase the manufacturer’s market size while introducing significant risks.

Off-label use bypasses and ignores standard safety protocols, and while some off-label uses are either benign or beneficial, others can cause significant harm.

Manufacturing Defects

Even if a drugmaker takes every necessary step through trials, approval, and marketing, there is a risk that an error during the manufacturing process can lead to dangerous issues for the end user. These issues are most often limited to specific batches, and a recall goes into effect as soon as the manufacturer realizes there is an issue with the batch.

Issues like storage or handling during distribution can also cause problems with some drugs.

Failure to Recall Dangerous Drugs

Once a manufacturer realizes that there has been some sort of defect, it’s their legal obligation to recall either the affected batch or the entire drug line. Some manufacturers ignore adverse event reports or delay a recall in order to recoup R&D costs or preserve profits at the expense of human suffering.

Once a recall is issued, some manufacturers may not go to sufficient lengths to warn healthcare professionals and the general public about the risks.