Pharmaceutical Liability FAQs
by Garrett Law Office
What are some of the ordinary causes of pharmaceutical negligence?
In the rush to get new drugs to market, pharmaceutical companies may fail to disclose certain heath risks and serious side effects. Other times, enough time is not spent on clinical trials, or researchers may miss important findings that come to light only after products are on the market for an extended period of time. Mistakes can also be made in m
anufacturing that could result in defective products. Who is liable for injuries suffered from prescription drugs?
Depending on your individual situation, liable parties can range from the drug manufacturer, to your treating physician, to the pharmacy that dispensed the medication.
Is there a time limit on bringing a pharmaceutical negligence claim?
Yes. Each state has its own statute of limitations establishing a deadline to pursue a claim. In Oklahoma the time limit is 2 years from the date of injury.
What is the medical malpractice standard of care?
This is the measure of care and skill that the average qualified physician would provide to a patient who sought medical care for similar symptoms and circumstances.
How can I avoid a pharmaceutical injury?
When you buy prescribed or over-the-counter medication you should always read the labels carefully as they may contain important information regarding side effects. Drugs can interact with your other medications, cause an allergic reaction, or not be proper for your symptoms. Ask your pharmacist for help if you have trouble selecting the right drug for you symptoms and given medical history.
Do I still have legal rights for injuries suffered from a drug that was not prescribed by a doctor?
In a case where no physician prescribed the drug which caused your injury, but instead you purchased it on your own, you may still have a claim against the drug manufacturer. However, you will not have a claim against your doctor.
What is a class action lawsuit?
A class action is a unique type of lawsuit that allows a group of people who have comparable issues to sue another party as a group called a class. The initiative of a class action is that everyone who has been injured by the same conduct should not have to be put to the expense of hiring his or her own lawyer. Certain drug cases fall under class action lawsuits against the manufacturer.
What drugs are most commonly found in drug lawsuits?
Among many others, the following are the most common drugs found in current litigation claims:
-Celebrex
-Vioxx
-Accutane
-Bextra
-Crestor
-Ortho Evra
-Ephedra
-Paxil
-Rezullin
-Zyprexa
About the Author
The Oklahoma personal injury attorneys at Garrett Law Office are experienced at aggressively fighting for the victims of injury in Oklahoma and getting them the compensation they deserve. Please visit us at Garrett Law Office, P.C.