A dangerous drug is a prescription or over-the-counter medication that causes an individual psychological or physical harm after taking it. An adverse reaction may occur after taking medication for many reasons. However, lawsuits often happen because of a design defect, a manufacturing defect, or a marketing defect. If a harmful or hazardous drug caused injury to you or someone you love, contact our accomplished Covington dangerous drugs lawyer at O’Connor, Acciani & Levy right away to discuss your claim. Our personal injury attorneys are here to advocate for you.
Proving Liability in a Hazardous Drug Claim
Medications must go through certain federal regulations and safeguards before they reach the pharmacy or store shelf for consumer consumption. Despite this, many harmful drugs make their way to the general public and cause harm every year. When this happens, the civil court can hold the manufacturers liable for the damages. Our
meticulous attorneys in Covington can conduct a thorough investigation of the drugs and review the evidence to determine which legal actions to take. For you to collect compensation, you and your legal counsel must prove the drugs had one of the following:
Design Defect
A design defect means the manufacturer or pharmaceutical company failed to adequately test the new medication and determine its safety for consumption.
Manufacturing Defect
A manufacturing defect means that though they adequately tested and designed the drug correctly, during the manufacturing process contamination occurred. Contamination could include adding hazardous chemicals, bacteria, viruses, et cetera.
Failure to Warn
A failure to warn occurs when the manufacturer knows of a dangerous side effect or misuse but does not share the information with the consumers through clear instructions, recommendations, or warning labels. Further, it could mean the pharmaceutical company did not communicate all the potential risks to the FDA during the approval process.
Covington Statute of Limitations
The state statute of limitations is the time limit a person has to file a legal action in various lawsuits. The deadline varies greatly depending on the type of injury. After that time limit expires, the injured party may have no other rights to sue and recover compensation for their losses and damages.
Kentucky Revised Statutes Section 413.140(1) states that the injured party must file the claim with the civil court within one year of their injury.
In cases where the plaintiff did not know the cause of their injuries right away, the court may grant an exception for discovery. In those cases, the plaintiff will need to file the lawsuit with the civil court within one year of understanding the cause of their injuries. Our dedicated lawyers with experience in hazardous drugs can help ensure the claimant files the documents with the court within the legislation’s deadlines.
Call a Committed Dangerous Drugs Attorney in Covington
Dangerous drug cases are complex and require extensive knowledge of the pharmaceutical industry. Further, pharmaceutical companies have highly paid attorneys and seemingly unlimited resources to defend their profits. You deserve to have a skilled attorney advocating on your behalf for the same reasons.
If a prescription or over-the-counter medication injured you or someone you love, you have every right to expect accountability through a civil court legal action.
Reach out to our skilled Covington dangerous drugs lawyer at O’Connor, Acciani & Levy as soon as possible to begin working on your claim.
