Arlington Dangerous Drugs Attorney
Arlington County residents who’ve been injured by dangerous prescription medications may have legal options available to them. The personal injury attorneys at our firm are experienced in the area of drug litigation and drug recalls and will be able to help you assess your legal rights and decide upon an effective course of action. In many instances, individuals injured by dangerous prescription drugs have received compensation for medical expenses, lost income, and pain and suffering. Contact an Arlington prescription drugs lawyer today.
According to the National Association of Boards of Pharmacy, approximately 7,000 deaths related to prescription medications occurred in the United States in 2000. And unintentional deaths involving prescription drugs increased 114 percent from 2001 to 2005, according to The Office of National Drug Control Policy. In some instances, these deaths arise from physician, nurse or other provider errors. In other instances, however, it is the medication itself that is dangerous. The pharmaceutical company manufacturing the prescription drug may have brought the medication to market without adequate testing. This means that an Arlington prescription drugs attorney can help you to file a personal injury claim against the company.
The FDA and Defective Drugs
The FDA keeps a database called the Adverse Event Reporting System that contains information on both medication errors and dangerous prescription drug side effects. In 2011 alone, the FDA received roughly 900,000 reports of adverse medication incidents.
When the FDA believes that a prescription drug poses serious health concerns, the agency may issue a warning and require the drug’s manufacturer to update the medication’s label with additional information about potential side effects. If the medication’s potential health benefits outweigh its risks, the medication can remain on the market, provided medical professionals and prospective patients are given full information about the risks associated with the medication. Nevertheless, by law the drug manufacturer is strictly liable for injuries associated with the distribution and sale of unreasonably dangerous prescription medications.
If you believe that you have suffered injuries or life-altering side-effects from a drug that should not have been released for public use (or should have been recalled), get in touch with an Arlington prescription drugs attorney today to learn about your options for filing a claim.
Defective Prescription Drug Litigation
In Virginia, as in most other states, four elements are necessary to create a compelling case proving a prescription medication is defective. An Arlington prescription drugs lawyer can explain them in more detail, but here is a basic outline:
- The plaintiff must have been injured through the use of the product. Even if the medication is defective, if the plaintiff has not been injured through its use, the case may be difficult to litigate as actual damages are typically required.
- The prescription medication is defective. Either the medication was initially engineered in a way that produced dangerous side effects, a particular batch of the medication was prepared incorrectly, or the medication did not come with sufficient instructions or warning labels advising prescription takers how to avoid serious side effects.
- The prescription medication defect must have caused the injury from which the plaintiff is suffering.
- The plaintiff must have used the product as the manufacturer intended it to be used. This condition is complicated by the fact that the FDA generally approves medications for specific uses, but physicians may prescribe medications for off-label uses that have not been approved by the FDA.
Defective Prescription Drug Litigation in Arlington
Litigating cases related to defective prescription medications is a complex and lengthy process that can often take years to resolve. That’s why it’s important to work with an Arlington, VA dangerous drugs attorney who is highly experienced in this field. These cases are governed by a combination of federal laws and specific state laws related to statutes of limitation and specific product liability.
In Virginia, the statute of limitation for cases involving product liability is defined in Va. Code Ann. Section 8.01-228 et seq. as two years. In general, this means that litigation must be initiated prior to the expiration of two years from the date of the injury. Exceptions may be made in the case of minors for whom the statute of limitations goes into effect after the minor’s 18th birthday.
Compensation for Injuries Caused by Dangerous Prescription Drugs
A skilled Arlington dangerous prescription drug lawyer may be able to help you receive compensation for the losses you or a loved one received that are associated with the dangerous medications you were prescribed. This compensation can include:
- Reimbursement of medical costs associated with past, present and future treatment
- Reimbursement for loss of past and present wages
- Reimbursement for loss of future wages
- Damages for pain and suffering and other emotional damages
Consulting with an experienced prescription drugs lawyer is the first step in determining whether or not you have the basis for litigation. Put your case in the hands of an Arlington prescription drugs lawyer with our firm today and set yourself on the path to recovering what you are owed. Call us today for a free consultation.