The United States provides some of the best health care in the world, yet every year at least 1.5 million people are harmed by medication injuries, and 200,000 die due to adverse reactions and harmful side-effects of prescription drugs. At Epperly & Follis, we work to help victims who sought to improve their health, but instead were injured by the prescription drugs they relied on for relief. We know that manufacturers of drugs and supplements can be held responsible for sale of defective products, devices, and drugs.
Manufacturers are obligated to make a safe product, including the duty to design, manufacture, inspect, and label a product appropriately. Proving that a manufacturer of a drug supplement is responsible for a defective product can be complicated and expensive; our attorneys have the personnel and access to experts with the necessary specialized knowledge concerning the design and manufacture of defective drugs and supplements.
You may have noticed that prescription drug recalls are often in the news. Sometimes it’s because the drugs are rushed to market without adequate testing. Tests that most people assume are performed by the U.S. Food and Drug Administration are sometimes done by laboratories and are funded by the drug manufacturer. In some instances, people have to suffer injury or die before a prescription medication recall is instituted. In other instances, suffering and injuries are caused by drug dispensing errors by nurses and pharmacists.
When a prescription injury occurs and a lawsuit is filed, the case will be based on personal injury law and typically fall into subcategories such as prescription negligence, pharmaceutical injury law, product failure or medical malpractice/negligence. Lawsuits in which the foundation is a medication can also be based on improperly filled prescriptions. Either a medication is prescribed that contradicts a medication that the patient is already taking or a pharmacist gives an incorrect medication or dosage. In a situation such as this, pharmacists and/or doctors would be held liable. If a person dies due to a medication, a wrongful death case may be filed. Other times, a medication causes serious illnesses or side effects during its manufacturing, at which time the drug manufacturer is held accountable.
According to federal law:
- Drug manufacturers who fail to design, manufacture, inspect and label pharmaceuticals appropriately may be held liable. A pharmaceutical manufacturer may also be liable for a patient’s injuries when they have failed to warn of a drug's potential side effects or dangers.
- Medical doctors, nurses, dentists, osteopaths and health care facilities (hospitals, nursing homes) can be found liable for deviating from the acceptable standard of patient care.
- Malpractice may exist if there is proof that a healthcare provider placed their personal interest or that of the pharmaceutical industry above patient’s interests. It is not only reprehensible; it is illegal for physicians to receive monetary or material gain for prescribing a specific drug.
If you suffered a serious injury because of a medication, contact Epperly & Follis, PC. Our attorneys represent people throughout Virginia who are injured because of the healthcare system's reliance on prescription drugs. Litigation may be the only way to receive the damages to which you may be entitled. Such damages will likely include lost wages, medical bills, and/or financial compensation to heirs (in the case of a wrongful death).
Contact us for a free consultation today at 1-888-703-0109 or (804) 648-6480, or contact us via our online Contact Form.