Most Americans take at least one prescription medication, and others take several. Prescriptions have become a part of daily life for many, whether it is for a systemic condition like high blood pressure or diabetes, or for a short term illness like the flu. While many medications are safe and result in few, if any, side effects, others cause serious problems and adverse reactions. What should you do if you are injured by a prescription medication?
Are Pharmaceutical Companies Not Liable For Their Medications?
In a surprising decision by the Supreme Court in the Pliva vs. Mensing case in 2001, the court ruled that generic pharmaceutical companies are not liable for any injuries that arise from the use of their medications. Essentially, it was determined that generic pharmaceutical companies were already adhering to federal laws, which trump the state laws that plaintiffs use to bring forward an injury claim. What this did, however, was create a loophole that allows generic drug manufacturers to get away with making medications that are potentially harmful.
However, it is possible to still bring forward an injury claim against a generic pharmaceutical company in cases where additional liability is present. For example, a viable claim may exist if the company failed to adhere warning labels to their products, or did not include proper warning labels. Even in the wake of Pliva vs. Mensing, it is still important to consult with a skilled Idaho product liability attorney if you or a loved one were injured by a generic medication.
Brand Name Drug Manufacturers Can Still Be Held Responsible
The decision reached in the Pliva vs. Mensing case only applies to generic drug manufacturers, not brand name pharmaceutical companies. Brand name pharmaceutical companies can still be held responsible for medications that they manufacture that have caused injury or harm to their consumers. A drug manufacturer can be held legally liable for incomplete safety testing of the drug, insufficient research into the short and long term effects of the drug, and missing or incomplete consumer warning information.
Some of the most notable medications that have been found defective include, but are not limited to:
What to Do If You’ve Been Injured By a Pharmaceutical Drug
If you’ve experienced adverse reactions to a medication that can be directly linked to the negligence or carelessness of a pharmaceutical company, you may have a product liability claim. Due to the complex nature of product liability law, it is critical that you consult with an experienced Boise product liability lawyer as soon as possible regarding your case.
At the Rossman Law Firm, we have worked with dozens of victims of pharmaceutical injury and their families, and can utilize our skills and resources to assist you in bringing a claim forward. We will assist you in gathering medical records, communicating with insurance companies, and coordinating ongoing medical care for the injuries caused by the defective medication. Contact us today by calling (208) 331-2030.