All medication manufacturers are required to follow strict protocols when developing, testing and selling any medication. Once a medication is released, that same manufacturer could be held liable for any dangerous side effects that may occur. However, generic drugs that have been approved by the FDA fall under a different category and cannot be sued for product liability.
When you take a medication, you assume it will make you better. But, what if that same medication not only harms you, but results in permanent brain damage or brain injury? Manufacturers of medications, doctors and pharmacists are required to notify patients of potential side effects and also look for potential interactions that could lead to brain injury.
Product Liability and TBI
Traumatic brain injuries (TBI) can occur with dangerous drugs as well as other product malfunctions. These defective medications or powerful side effects could lead to permanent damage or even fatalities. When you are injured by a defective medication, you would bring a negligence claim against the manufacturer of the medication. In order to succeed with your claim, you would need to prove the following:
- Prove that the manufacturer owed you a duty of care to protect you from harmful side effects and brain injury. This is not difficult, since all you need is proof that the manufacturer failed to warn about potential side effects, knew of these side effects or knew the potential for brain injury.
- Prove that the drug manufacturer failed to ensure the drug was reasonably safe and protect against brain injuries. This is shown by proving the manufacturer knew there was a risk for brain injury (such as knowing there was a risk for seizure or stroke), but choose to offer the drug to the public without informing them of such risk.
- Prove that an injury (brain injury) occurred because of that manufacturer’s failure to act.
Receiving Compensation Under the Law
The drug must have been sold in order for it to be covered under product liability. That means that the manufacturer was not offering you the medication during a clinical trial and instead, you purchased the medication.
Anyone within the drug’s chain of distribution can be held liable for your brain injury. This includes the manufacturer itself, the company that marketed and distributed the drug, the pharmacist administering the drug or the physician that prescribed the medication. Typically, the drug manufacturer will take most of the blame in these types of brain injury cases, but there are instances where other third parties may be liable – especially if you can prove that they were aware of the potential brain injury risks but failed to inform you of such.
There is a statute of limitations on these types of injury cases; therefore, if you suspect your brain injury was due to dangerous side effects or defective products, you need to contact an attorney right away.
Call Hancock Injury Attorneys for Your Brain Injury
If you have suffered from a brain injury due to dangerous side effects or a defective product, Hancock Injury Attorneys can help. We will ensure you receive the compensation for your case and we will hold those responsible accountable for their actions. Call to schedule a free consultation today at 813-534-6319 or fill out an online contact form with your questions.
