If you have experienced severe side effects from a prescription or over-the-counter medication, you have a solid case against the manufacturer of the medicine. However, not all manufacturers are held to the same liabilities and there are some limitations. You should consult an attorney to help you decide how you should file a lawsuit and what type of compensation you are entitled to.
Disclaimers
All consumer medication manufacturers are required to test their products in clinical trials in order to get government approval before the product is allowed for public use. When the product is approved, the manufacturer is required to disclose all possible side effects. These disclaimers have to be printed out on the bottle itself or in an information pamphlet.
If the manufacturer fails to disclose a severe side effect that was previously in their knowledge, the company can be held liable for any harm caused to the consumer. If any side effect, unknown to the manufacturer, occurs, they cannot be held liable.
Intermediaries Can Be Held Liable
The medicine manufacturer is not responsible for warning consumers of side effects directly, but they are required to inform their intermediaries. If the intermediary, such as a pharmacy or physician, fails to warn the consumer, they can be held liable. If the intermediary was not informed, the manufacturer is held responsible.
Consult an Attorney
Such cases are complex mainly because of the ambiguity factor. Trying to prove that the manufacturer didn’t disclose all information intentionally can be quite difficult. An attorney will help you research and build a strong case. If you think you have a valid product liability, contact Fitzgerald Law Firm for a free consultation. They can help you decide if you can hold the manufacturer, physician or pharmacists liable for the harm caused to you or a loved one.