Charlottesville Dangerous Drugs Attorney
Generally, the Food and Drug Administration’s approval process requires hundreds of millions of dollars. And, lawmakers recently lowered drug exclusivity periods. After a few years, cheaper generic equivalents usually become available. So, drug companies do not have much time to recoup high costs and show a healthy profit. As a result, they often hide negative drug information, so sales will remain high.
Despite what TV commercials claim, drug companies only truly care about their profits. On the other hand, at MichieHamlett, our dangerous drug attorneys in Charlottesville only truly care about you. So, we quickly review your case and lay out your legal options. Then, we build a strong claim for damages. Throughout this process, we proactively communicate with you, so you are never in the dark.
Examples of Dangerous Drugs
In the 1990s, the federal government began allowing drug companies to promote their products directly to consumers. That change led to a flood of powerful new medicines. Because of the strength of these drugs, they often have some unintended consequences. Some examples include:
- Taxotere: Alopecia (hair loss) is a side effect of most chemotherapy drugs. Taxotere, a common breast cancer chemotherapy medication, often causes permanent alopecia. This loss is devastating to victims who are denied this physical sign that they have beaten cancer.
- Zoloft: This popular antidepressant is an SSRI (Selective Serotonin Reuptake Inhibitor). SSRIs boost the brain’s serotonin levels. SSRIs also rely on sertraline chloride, a substance that has been linked to serious birth defects. Other unpredictable side effects include excessive bleeding, convulsions, and seizures.
- Metformin: Regulators recently pulled this generic diabetes drug off the market due to NDMA contamination. N-Nitrosodimethylamine, a common by-product of the manufacturing process, is one of the most dangerous carcinogens in the world.
- Zantac: One of the world’s most popular antacids was also pulled from store shelves because of NDMA contamination. The longer medicine is stored at room temperature, the more this risk increases. And, most drugs are stored at room temperature, to preserve their potency.
Since drugs are tested so extensively, drug companies usually know about these problems, but they keep selling the medicine anyway. This callousness usually sets the stage for significant compensation, as outlined below.
Your Legal Options
Drug makers are strictly liable for the injuries their defective products cause. Generally, our Charlottesville dangerous drug attorneys focus on the drug company’s failure to warn consumers about the potential risk. Drug manufacturers, like all other manufacturers, have a legal responsibility to sell products which are safe for normal use.
Although the burden of proof is low, these cases are often difficult to win in court. Drug companies routinely produce experts who confidently testify that, despite evidence to the contrary, the drug is as safe as mother’s milk.
The good news is that Virginia’s expert witness qualification rules are a bit more informal than the rules in other states. So, a Charlottesville dangerous drug attorney can partner with experts who are both well credentialed and able to effectively communicate with jurors.
A few dangerous drug claims rely on the public nuisance doctrine. This doctrine requires victim/plaintiffs to prove that the company unleashed a hazardous product which injured a significant number of people at the same time. Generally, these claims require less evidence than defective product claims. But public nuisance claims have a number of moving parts.
All kinds of dangerous drug claims usually settle out of court. These settlements speed compensation to victims and give the parties more control over the outcome.
Damages in these cases usually include compensatory damages, for things like medical bills and emotional distress, as well as punitive damages. These additional damages punish wrongdoers and deter future misconduct.
Connect with an Experienced Attorney
Companies are responsible for the injuries their dangerous products cause. For a free consultation with an experienced dangerous drug lawyer in Charlottesville, contact MichieHamlett. You have a limited amount of time to act.