Can I Sue After Experiencing Drug Side Effects?

April 2, 2018 | By O'Connor Acciani & Levy
Can I Sue After Experiencing Drug Side Effects?

Most medications, including those sold over the counter, can cause side effects. While some side effects are relatively minor and go away on their own, others can have a severely negative effect on your health for a long time. When this happens, victims may be able to file a lawsuit to obtain compensation for damages they experience due to these side effects. You can learn more about these lawsuits below, including common side effects that lead to lawsuits and the types of defective drug lawsuits. The defective drug attorneys of O’Connor, Acciani & Levy help victims of defective medications pursue negligent parties for damages. Schedule a free legal consultation today.

Common Defective Drug Side Effects

Defective medications can cause a range of serious and life-threatening side effects. Some of the most common side effects that cause victims to file lawsuits include:
  • Physical debilitation, including chronic pain, birth defects and stunted growth
  • Liver damage
  • Kidney failure
  • Stroke
  • Increased risk of cancer
  • Heart and cardiovascular conditions such as heart attack, congestive heart failure and blood clots
  • Suicidal thoughts or increased risk of suicide

Types Of Defective Drug Claims

There are three types of defective drug lawsuits you can file after suffering adverse side effects, depending on the reason for the defect that caused side effects:
  • Defective manufacturing lawsuits - These types of lawsuits allege side effects were caused by defects in the manufacturing process or contamination due to manufacturing conditions. For example, maybe a problem on the assembly line caused the drug to be contaminated with something that caused your side effects.
  • Defective design lawsuits - If the drug’s formula was defective, causing the medication to be dangerous or inappropriate for your treatment, you may be able to file a defective design claim.
  • Failure to warn lawsuits - Drug manufacturers are required to note potential side effects on drug packaging, including pill boxes, bottles and prescribing information. Physicians also have a duty to warn patients of potential side effects or interactions before prescribing a drug. A large number of defective drug lawsuits allege there was a failure to adequately warn about side effects or their severity.
It may be in your best interest to meet with an experienced Cincinnati product liability lawyer to discuss the specifics of your case. An attorney can help determine what type of lawsuit to file. The lawyers at our firm have helped many victims of defective drugs recover compensation for how these medications have affected their health.

Who Could Be Held Liable?

Many parties may be held liable for defective drug claims, depending on the type of defect that caused your side effects, such as:
  • Pharmaceutical companies
  • Laboratories
  • Sales representatives
  • Physicians
  • Pharmacists
  • Medical facilities
  • Companies that market drugs
An attorney can help determine the parties who may be liable for your defective product injuries. This will help us pursue the fair compensation you deserve.

Do I Have A Case?

You do not have grounds for a lawsuit unless your attorney can show evidence establishing three things:
  • You sustained an injury
  • The drug was defective due to improper design, manufacturing or a failure to warn
  • Your injury was a side effect of the defective medication
If there was a warning about the side effect you experienced, you will need to prove that this warning was inadequate. For instance, you would have a case if you could show the side effect occurred more often than the labeling said. You could also try to prove the side effects were more severe than the warnings said.

Contact O’connor, Acciani & Levy Now

If you suffered side effects after taking a defective drug, the Cincinnati product liability attorneys of O’Connor, Acciani & Levy can help you recover the compensation you deserve for your injuries. We will evaluate your claim and inform you what legal options are available. Request a free, no obligation consultation today and learn how we can help you get the compensation you need for your medical bills, lost wages, and pain and suffering. Our attorneys work on a contingency fee basis, so you pay no upfront fees. Legal fees are only owed if we recover compensation for you.