Drug manufacturers owe a duty to consumers in Altoona. When a defective prescription or an over-the-counter medication injures someone, the drug manufacturer should be held liable for the damages. An experienced Altoona personal injury attorney could help a victim of a defective product recover monetary compensation from the pharmaceutical company.
If you have suffered a severe medical injury due to an unsafe or dangerous drug, you may be entitled to pursue damages from the party responsible for the defect. Dangerous drug lawsuits can be challenging given their complicated medical context. An Altoona dangerous drugs lawyer could help by investigating the claim and filing a lawsuit on your behalf.
Generally speaking, dangerous drugs fall into one of three categories. These claims vary, with some relating to the way drugs were manufactured, while others deal with how they were labeled. An Altoona dangerous drugs attorney may be able to help someone injured by a dangerous drug determine the specific nature of a defect.
A claim against the manufacturing of defective products refers to a drug that sustains a defect during the manufacturing process. For example, a drug may become dangerous if it is exposed to an outside substance or otherwise tainted somewhere in the manufacturing process.
Drugs can affect people differently. However, if a drug company markets a drug without disclosing a dangerous side effect, anyone injured by the side effect could have a claim for damages.
Some side effects go undetected during testing and become apparent as soon as the drug makes it to the marketplace. In other cases, however, long-term use of a drug could lead to side effects that are only noticeable after years of use.
A plaintiff may have a viable claim for damages if a drug manufacturer falsely markets a prescription or over-the-counter medication. False marketing could include inadequate instructions for using the drug or a dishonest assessment of a drug’s healing properties. A consumer injured by a drug due to inaccurate marketing could have a viable claim for damages against the pharmaceutical company.
Pennsylvania, like all states, sets time limits on the filing of a lawsuit. Known as the statute of limitations, these limits set a cut-off date after which a plaintiff may not bring a lawsuit. The courts can dismiss a case permanently if a plaintiff files a complaint after the statute expires, regardless of how strong the allegations are in the underlying complaint.
Pennsylvania has multiple statutes of limitation that vary depending on the type of lawsuit. 42 Pa.C.S. § 5524 governs the statute of limitations in a dangerous drugs lawsuit. Under the Pennsylvania statute, a plaintiff has two years to file a dangerous drugs lawsuit, beginning on the date the injury occurs. However, Pennsylvania law can extend the two-year window in cases where the victim did not discover the injury until a later date.
The process for holding a pharmaceutical company accountable for their dangerous drugs can be costly and challenging. These cases routinely require expert testimony and can drag on for years. Experienced Altoona legal counsel may be able to help you navigate this challenging process and recover compensation on your behalf. To learn more, contact us to speak to an Altoona dangerous drugs lawyer at Marcus & Mack right way.
By: Sandy S.
Marcus & Mack