When a person takes a medication, they hope it will help their symptoms and not make them worse. The manufacturers and distributors responsible for these substances have legal duties to keep them safe and to warn consumers of any potential risks and side effects.
Unfortunately, people commonly suffer injuries and worsened medical conditions after safely taking medication. If you or a loved one was injured under these circumstances, you might benefit from retaining a Philadelphia dangerous drugs lawyer for assistance. While pursuing legal action against these manufacturers and distributors could be challenging on your own, a seasoned attorney could help you strategize and navigate the complexities of your case.
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The Federal Food, Drug, and Cosmetic Act
Title 21 of the United States Code, known as the Federal Food, Drug, and Cosmetic Act, imposes laws that regulate potentially dangerous pharmaceutical drugs in Philadelphia. These regulations are enforced by the FDA, the U.S. Food and Drug Administration.
The Act sets forth minimum requirements for the handling, storage, and recordkeeping for prescription drug manufacturing. Facilities that store prescription drugs are required to store them in a facility of suitable size, clean and maintain the facility in an orderly condition, and keep the facility free from vermin, birds, insects, rodents, or vermin of any kind.
The Act sets rules for storing prescription drugs, inspecting materials, proper labeling, recordkeeping, and salvaging or reprocessing drugs. It also requires wholesale drug distributors to follow federal, state, and local laws. If you’re wondering what to do if a drug you’re taking is recalled, understanding these regulations can help you know what steps to take next.
Establishing Negligence from Drug Manufacturers and Distributors
People harmed by a hazardous drug might have experienced their illness or injury as a result of negligence. Depending on the circumstances of their case, drug manufacturers, distributors, and pharmacists might be held liable on the grounds of negligence. In order to prove that a defendant is negligent, however, the injured plaintiff must show that the defendant owed a duty of care, that they breached that duty, and that this breach caused their injury or illness.
Establishing these steps will depend on who is to blame. For example, those that manufacture and distribute drugs owe a duty to prevent unreasonable risk of harm to consumers. Failing to use reasonable care in the manufacturing or distribution of a medication might constitute a breach of that duty—if the result was a consumer being injured.
Furthermore, the failure to adhere to federal regulations—such as the Federal Food, Drug, and Cosmetic Act—could be grounds for a negligence per se claim. Negligence per se claims allow plaintiffs to sue a defendant without having to show that the defendant owed them a duty of care. Instead, they only need to show that the defendant violated a statute and caused an injury that the statute was enacted to prevent.
What Recoverable Damages Are Available for Medication Injuries?
Those suffering injuries or illnesses after taking a hazardous medication may seek both economic and non-economic damages. Economic damages might cover losses such as lost wages or medical bills that were incurred as a result of the incident.
Non-economic damages, on the other hand, are meant to compensate plaintiffs for more subjective losses. These might include pain and suffering, loss of enjoyment of life, and a decreased earning capacity, among others. To recover full and fair compensation, it is crucial for anyone injured by a dangerous drug to calculate the full extent of their losses with the help of a compassionate Philadelphia lawyer.
Seek the Services of a Philadelphia Dangerous Drugs Attorney
If you were unexpectedly injured or suffered a worsened medical condition after taking a medication, you are likely to feel overwhelmed and unaware of your legal rights. Depending on the circumstances, you might be able to hold a drug manufacturer, distributor, or other party liable to provide compensation.
However, seeking legal recovery on your own could add on a lot of stress and confusion. Instead of navigating this complex process alone, call a Philadelphia dangerous drugs lawyer for help. To learn more about your potential options for seeking recovery, schedule a consultation today.