Pharmaceutical drugs are designed to improve our health and well-being, but sometimes they can cause harm due to manufacturing errors, undisclosed side effects, or other issues. When this happens, it's important to hold drug manufacturers accountable for their actions. In this blog post, we'll discuss key steps to take if you've been harmed by a defective drug and how to seek compensation for your injuries.
1. Seek Medical Attention
If you believe you've been harmed by a defective drug, your first priority should be to seek medical attention. A healthcare professional can help determine the extent of your injuries and provide the necessary treatment. Additionally, your medical records will serve as crucial evidence if you decide to pursue legal action against the drug manufacturer.
2. Report the Adverse Event
Once you've received medical care, it's important to report the adverse event to the U.S. Food and Drug Administration (FDA). The FDA is responsible for regulating the safety and efficacy of drugs, and reporting your experience can help them identify potential issues with the drug in question. You can submit a report online, by mail, or by phone.
3. Preserve Evidence
As with any personal injury case, preserving evidence is essential to building a strong case against the drug manufacturer. Some steps to take include:
- Keeping the drug packaging and any remaining medication
- Documenting your symptoms and medical treatment
- Obtaining copies of your medical records
- Retaining any correspondence with the drug manufacturer or your healthcare provider
4. Consult with an Experienced Personal Injury Attorney
If you've been harmed by a defective drug, it's important to consult with an experienced personal injury attorney who specializes in holding drug manufacturers accountable. Drug manufacturers have extensive legal teams and resources at their disposal, so you'll need a skilled attorney to help level the playing field and ensure your rights are protected. A knowledgeable attorney can help you navigate the complex legal process and maximize your chances of receiving fair compensation for your injuries.
5. Understand the Legal Process
When pursuing legal action against a drug manufacturer, it's important to understand the legal process and what to expect. Some key aspects of the process include:
- Statute of limitations: Each state has a specific time limit within which you must file a lawsuit against the drug manufacturer. In Texas, the statute of limitations for personal injury claims is generally two years from the date of the injury. It's crucial to consult with an attorney as soon as possible to ensure you don't miss this deadline.
- Discovery phase: During the discovery phase, both sides will gather evidence and information to build their case. This may include depositions, interrogatories, and requests for documents.
- Negotiations and settlement: Many defective drug cases are resolved through negotiations between the parties, resulting in a settlement agreement. Your attorney will work on your behalf to negotiate a fair settlement that adequately compensates you for your injuries.
- Trial: If a settlement cannot be reached, your case may proceed to trial. Your attorney will present your case to a judge or jury, who will then determine if the drug manufacturer is liable for your injuries and, if so, the amount of compensation you should receive.
At Houssiere Durant & Houssiere, LLP, our experienced personal injury attorneys are dedicated to holding drug manufacturers accountable and helping our clients receive the compensation they deserve. If you've been harmed by a defective drug, contact us today for a free consultation to discuss your case and learn how we can help.