Southern California Dangerous Drugs Lawsuit Lawyer
Filing a Dangerous Drugs Lawsuit in California
When a drug does not work as intended or advertised, the resulting injuries can be debilitating and life-threatening. If you or a loved one suffered injury or illness due to a dangerous drug defect, you may be able to seek compensation for your losses.
The Southern California dangerous drugs lawsuit attorneys at KJT Law Group can provide legal support for your pharmaceutical injury claim. Get in touch with us at (818) 507-8525 to learn more in a free consultation.
What Is a Dangerous Drug?
According to California BPC § 4022, a dangerous drug is a substance that requires a prescription to be legally dispensed. Manufacturers and distributors of drugs must ensure that their product is safe for consumers and clearly labeled for use. When a drug does not meet these requirements, it is considered dangerous. Hallmarks of dangerous drugs include:
- Incorrect labeling
- Contaminated ingredients
- Dosage errors
- Drug design mistakes
- Manufacturer errors
- Severe side effects and risks to patient health
Even drugs that work as intended can become dangerous to patients as more information about their side effects and long-term effects come to light.
When a dangerous drug has an unintended effect that compromises the health and safety of a patient, the victim may be able to file a dangerous drugs lawsuit against the manufacturer, distributor, or another responsible party.
How the FDA Regulates Pharmaceuticals in the U.S.
The U.S. Food & Drug Administration (FDA) has established stringent requirements for drug design and manufacturing in the U.S. Before they can be released for public use, drugs must undergo the following FDA-regulated review processes:
- Preclinical (animal testing) results and drug development details are provided to the FDA by the manufacturer through an Investigational New Drug Application (IND).
- Upon FDA approval of the IND, the manufacturer conducts clinical trials to determine the drug’s side effects, toxicity, effectiveness, and overall safety. These trials can take years to complete.
- If the drug passes clinical trials, the manufacturer submits a New Drug Application (NDA) to the FDA for permission to market the drug in the U.S. If approved, the drug can then be sold in the U.S.
While each of these steps requires thorough documentation and review, some drugs do not show negative effects immediately. In fact, there are numerous ongoing lawsuits by victims who suffered injury due to dangerous drug defects.
Recent and Ongoing Dangerous Drugs Lawsuits
The FDA has approved several popular medications only to recall them later due to unforeseen side effects or long-term health issues. Below are some examples of recent and ongoing dangerous drugs cases:
A 2016 lawsuit against Bristol Meyers Squibb Company, the manufacturer of the anti-psychotic drug Abilify, was settled for $19.5 million. The lawsuit alleged that the pharmaceutical manufacturer purposely marketed Abilify for uses that the FDA didn’t approve.
In 2012, the FDA warned that statins such as Lipitor, a cholesterol-lowering drug, were linked to higher instances of type 2 diabetes. Thousands of patients on Lipitor who suffered from type 2 diabetes filed lawsuits against Pfizer. Complaints allege that the drug manufacturer was aware or should have been aware of the potential risk of causing type 2 diabetes.
In 2016, the MDL judge dismissed the federal litigation, stating that there was insufficient scientific evidence to prove that Lipitor was a direct cause of type 2 diabetes. The Court of Appeals in June 2018 upheld the decision.
Nexium is a brand name for the proton pump inhibitor omeprazole. Also marketed under the brand name Prilosec, the drug aims to treat severe and persistent heartburn. A study in Pharmacotherapy linked omeprazole to chronic and acute kidney disease. As of September 2022, more than 13,000 people had joined or had their existing cases transferred to MDL-2789 under the United States District Court District of New Jersey. Bellwether hearings are scheduled to begin in October 2022.
If you or a loved one suffered severe illness or injury as a result of a defective dangerous drug, you may be entitled to compensation. A Southern California personal injury lawyer from our Los Angeles office can examine your case and help you determine whether you have grounds to join an existing class action suit or file a dangerous drug claim individually.
Establishing Liability in a Southern California Dangerous Drugs Claim
Different parties can be held liable in a dangerous drugs lawsuit, depending on how and why the injury occurred. Examples of these entities include:
- Drug manufacturers
- Drug designers
- Drug marketers
- Drug testing facilities
- Drug packaging and shipping companies
- Drug distributors
- Drug sales and retail establishments
Essentially anyone who is responsible for knowingly or carelessly providing a consumer with a drug that causes them harm, even when the drug is used as directed. A Los Angeles personal injury attorney on our team can help you determine who is responsible for your injuries, so you can pursue legal action against the appropriate parties.
Losses You Can Claim in a Dangerous Drugs Lawsuit
If you or a loved one was injured due to a dangerous drug defect, our dangerous drugs lawsuit lawyer in Los Angeles can help you seek compensation for all the losses you sustained. Damages we may seek in your Southern California dangerous drugs lawsuit include:
- Past, current, and future medical bills
- Loss of current and future income
- Pain and suffering
- Lost quality of life
Wrongful Death From Dangerous Drugs in Southern California
If you lost a loved one to a dangerous drug, our attorneys can help you pursue compensation in a wrongful death action. While we know that financial compensation cannot replace a lost loved one, it can help reduce the psychological and financial burden of your loss.
Our Southern California wrongful death lawyers can pursue compensation for funeral and burial expenses, pain and suffering, loss of income, loss of advice, and mental anguish.
Possible Outcomes of a Southern California Dangerous Drugs Lawsuit
Because putting together a dangerous drugs case can be so difficult and time-consuming, KJT Law Group understands the burden of proof necessary to prove a dangerous drugs lawsuit. We may seek evidence to show:
- The drug, when taken as directed or prescribed, caused a significant health issue that was not disclosed as a side effect or intended effect of the drug.
- The drug manufacturer, marketer, or another responsible entity was aware or should have been aware of the issue.
- The responsible party failed to warn or advise doctors, pharmacists, or patients of the potential issue.
- As a direct result of this failure to notify, you suffered severe injury and losses.
Our team can obtain studies, testing records, marketing documentation, expert testimony, medical records, and other information to establish a clear causal relationship between your injuries and the drug.
Having Our Southern California Dangerous Drugs Lawsuit Attorney Help You
Suppose you or someone you love suffered a severe illness or injury due to undisclosed effects of a dangerous drug. In that case, you could be eligible to seek compensation for your losses whether that’s via a class action or individual personal injury lawsuit. Call KJT Law Group at (818) 507-8525 today for a free consultation and see how a Southern California lawyer in Los Angeles at our firm can help.
If you or someone you love was injured due to a defective product, contact KJT Law Group at (818) 507-8525 for a free consultation to discuss your legal rights and options.
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