It is reasonable to expect medical professionals, manufacturing companies, and governmental regulatory agencies to design, prescribe, and fill medications with the utmost care. Additionally, they must inform patients about the risks of various pharmaceutical drugs and adhere to the strict standards surrounding producing and selling drugs to consumers. When they breach this duty, you could be entitled to compensatory damages, and a well-versed personal injury attorney from Valero Law Group can help you understand your legal options.
It may seem intimidating to pursue legal action against a large drug company or medical professionals, but our experienced Bakersfield dangerous drug lawyers are here to help guide you through the process. When you or a loved one were not informed about the risks associated with a particular medication, we can examine the facts surrounding a claim to ensure that compensation is just.
Defining a Dangerous Drug
Under California Code BPC § 4022, a dangerous drug is any substance that is not safe for animal or human use or consumption. Drugs under this classification must have a label with “Rx only” or similar language. The title must also provide information regarding the potential side effects and must not contain any mislabeling or misleading language. In particular, 21 U.S. Code § 352 prohibits drugs from being misbranded by having inaccurate:
- Additives
- Side effects
- Directions
- Ingredients
- Unsafe dosages
- Name of the drug
- Warnings or associated risks
- Healthcare economic information
- Quantity, weight, and measurements
Only licensed physicians are allowed to prescribe dangerous drugs, and must do so carefully. Additionally, under the learned intermediary doctrine, the prescribing physician must inform a patient about the various risks associated with the pharmaceutical and receive informed consent. A knowledgeable Bakersfield attorney can answer specific questions surrounding whether a person’s situation falls under the dangerous drug classification.
How Do Dangerous Drugs Impact a Person?
When a person takes a dangerous drug, sometimes it can be challenging to pinpoint the symptoms through self-assessment. The best action for a person to take if they are feeling disoriented, sick, or experiencing chest pain after consuming prescriptions is to go to the emergency room quickly or have someone call 911.
Common aftereffects people may experience after taking a dangerous drug include:
- Organ shock
- Failure of the liver
- Failure of the kidneys
- Severe and chronic pain
- Stroke or heart attack
- Abdominal bleeding
- Death
When the consumption of a dangerous drug has resulted in an untimely death, loved ones can speak with a compassionate Bakersfield lawyer for assistance with filing a wrongful death or survivorship claim.
Understanding Liability and Damages
A dangerous drug lawsuit is usually brought based on product liability and pure negligence claims. Product liability covers the drug’s manufacturing, designing, and marketing, as there are specific federal and state requirements for manufacturing and marketing pharmaceuticals. Once a drug is ready to be marketed and sold, the manufacturing company must comply with state and federal laws, including providing adequate and complete warnings of its associated risks.
Negligence can apply when a patient seeks to sue their physician or healthcare institution because they breached their duty to provide informed consent before prescribing a drug to a patient. Regulatory agencies such as the U.S. Food and Drug Administration (FDA) could also be held negligent for failing to regulate a dangerous drug effectively.
An Attorney’s Role in Proving Negligence
Once an experienced attorney files a dangerous drug on behalf of an injured consumer or patient, a jury could award financial damages for the harm caused to them. Effective negotiations could also result in more immediate monetary compensation. In addition to financials, a court or federal agency may revoke a corporation’s business license based on 46 U.S. Code § 7704. A decisive Bakersfield attorney can get an injured person or their family the restitution they deserve for any sustained harm from dangerous drugs.
Contact a Bakersfield Dangerous Drugs Attorney for Help Today
In California, people who have been injured by a dangerous drug have two years to file a lawsuit. These cases can be challenging for individuals to file by themselves because they often combine federal and state law claims. It is prudent to speak with a Bakersfield dangerous drugs lawyer for help understanding all available legal options for pursuing a claim.
Our diligent attorneys put the needs of our clients first and handle cases with unparalleled professionalism. Call Valero Law Group or stop by the office to set up an initial consultation. If you are not able to make it to us, we can arrange for transportation or come to you.
