Modern medicine creates solutions for a myriad of health-related issues. From high blood pressure to cancer treatment, there are new and emerging drugs on the market every year. When the medicine we rely on becomes dangerous and causes injury or even death, someone must be held responsible for causing this harm. This is the essence of negligence law.
At the heart of every dangerous drugs case is the theory that someone’s negligence caused a foreseeable harm, whether that someone is a corporation, scientist, manufacturer, distributor, or retailer is dependent on the facts of the case. If you or someone you care about suffered an injury as a result of a pharmaceutical, chemical, or other drug, contact a Davidson County dangerous drugs lawyer to fight for your legal rights. A qualified personal injury attorney could advocate for you.
Types of Drug Liability Claims
There are three main types of products liability cases that fall under the pharmaceutical category of personal injuries.
The first is negligent manufacturing. This theory relates to how a drug is processed or made. If there is an error or defect in the production process, then chances are the manufacturer may be liable for causing harm to the consumer, or patient. Common manufacturing scenarios across the supply chain include:
The second is actions for harmful side effects which holds corporations responsible for failing to disclose harmful side effects that accompany a drug. This is sometimes done for profit because a consumer may shy away from a drug with a particularly dangerous side effect. Under this theory, the plaintiff may try to allege punitive damages against the corporation. Punitive damages punish the wrongdoer for their negligence and sets an example to others that are similarly situated to avoid their negligent acts.
The third and final type of case is against false advertising. Inadequate instructions or labels could lead to a claim against the corporation, doctors, sales representative, and marketers – anyone who gave the bad advice. These bad advice claims rely upon misinformation disseminated to the consumer.
Class Action Lawsuits in Davidson County
Depending on the nature of the claim, a class action may be the answer to fighting back against large, multinational corporations. In a class action lawsuit, many injured plaintiffs join their claims together to file one action against one or multiple defendants.
Class actions are not just about money, they are about justice. If enough people suffer harm from the same type of drug, then they may be able to prevent the corporation from further distribution or production of that drug and recover financial compensation for the individuals. A Davidson County dangerous drugs lawyer could help an individual pursue a class action suit.
What is the Statute of Limitations?
Negligence lawsuits carry a very short statute of limitations in Tennessee. Pursuant to Tennessee Code §28-3-104(a)(1), individuals only have one year to sue for negligence arising out of a dangerous drug case. Failure to file within this time frame, no matter the facts of the case, may result in an inability to ever sue for that cause of action again.
Speaking with a Davidson County Dangerous Drugs Attorney
Drug manufacturers and doctors have a duty to manufacture safe drugs, disclose harmful side effects, and advertise their products properly. When they fail to do so, they may be responsible for any damage they cause.
Contact a Davidson County dangerous drugs lawyer to help you put together a litigation plan, which may include researching your case, negotiating with insurance companies, interviewing witnesses, gathering evidence, and preparing for trial. Call now for a free initial consultation. The only thing you have to lose is time.
The insurance company has a legal team. You should too.
