You may have recently seen in the news that Fulton County has sued the opioid industry, following in the footsteps of more than 800 cities and counties that have filed suit. Since filing, more than 70 other cities and counties have filed similar suits. The theory of these cases is simple – pharmaceutical companies sold these drugs to consumers knowing that there was a very dangerous likelihood of crippling addiction.
These cases serve as important reminders that the pharmaceutical companies may not always have consumers’ best interests at heart. FDA-approved drugs are recalled fairly frequently. It is ultimately a profit-driven industry, with immense pressure to get to market in order to recover significant research-and-development costs. Studies and testing get curtailed, concerns over side effects are pushed aside, and dangers get downplayed. Unfortunately, consumers ultimately pay for the industry’s greed.
If you or someone you love has been suffering as a result of their medication, you need a lawyer who can help you get some answers and put your life back together.
The Nature of Your Claim
Drug liability cases are essentially product liability cases, wherein you are claiming that the product is dangerous for one reason or another. Most of these cases are based on a negligence theory, meaning that the pharmaceutical company should have been more careful in the testing, manufacturing, or sale and marketing of the drug. Although somewhat rare and definitely more difficult to prove, some cases involve intentional wrongdoing – the company had full knowledge that the drug was dangerous and actively mislead the public.
There are three types of negligence claims in drug liability cases:
- Defective manufacture: the drug was improperly manufactured as a result of some mistake. This could be something like an impurity that was introduced at the factory or could include mistakes made by the pharmacist.
- Dangerous side effects: the drug company did not carefully study the potential side effects or ignored them. For example, a company may be held liable for selling a heart medication when it’s discovered that more thorough testing would have shown that the medication causes severe liver damage.
- Defective marketing: failing to include adequate or accurate information in selling the drug in order to allow doctors and consumers to make an informed decision. Plaintiffs in the opioid cases are claiming that, among other things, drug companies failed to provide adequate warnings concerning the addictive nature of these drugs.
It’s important to note that a single drug case could all three of these types of claims, as well as a component that alleges the drug company’s misconduct was intentional.
Who is at Fault?
Drug companies are huge corporate entities that go to great lengths to shield themselves from liability. As a result, it can be very complicated to untangle who is the party responsible for your injury, and there may be more than one party responsible. A typical drug case may allege that one or more of the following parties is at fault:
- The manufacturer of the drug
- The testing laboratory
- Pharmaceutical sales representative
- The doctor who prescribed the drug
- The pharmacy who filled the prescription
- The hospital or clinic where the patient was treated
You can be sure that each one of those parties will have a lawyer to represent them and will emphatically deny any wrongdoing, intentional or otherwise.
Contact an Atlanta Drug Liability Attorney Today to Schedule a Free Case Evaluation
If you believe that you’re suffering as the result of your prescription medication, you should contact a drug liability attorney right away. The lawyers at Slappey & Sadd have been helping Georgians recover from the drug industry since 1992. Call us at 404-255-6677 or email us via our online contact form in order to schedule a free consultation.