Medication Side Effects and Product Defect Lawsuits DC Lawyer

Free Case Evaluation

When do medication side effects merit a lawsuit?

On the back of an Advil package, there are warnings, such as “this product may cause a severe allergic reaction”, “stomach bleeding warning”, and “heart attack warning”, to name a few.

These warnings are legally required by the Food and Drug Administration. On all medicines, adequate warning labels must be provided. However, every year, millions of Americans are forced to visit their doctor’s office due to side effects from prescription or over-the-counter drugs. The injuries can be severe, or even fatal.

The FDA is responsible for ensuring that the drugs they approve work correctly, and that health benefits “outweigh known risks.” To be approved by the FDA, medicines must undergo a rigorous testing process.

There is a three phase human testing process.

Phase 1 includes between 20-80 healthy people, and is meant to determine what the most frequent side effects are. Phase 2 includes hundreds of people; this phase is meant to determine effectiveness. Phase 3 tests thousands of people. In Phase 3, more information is gathered about the drug’s safety and effectiveness among different populations and with different dosages.

The FDA also will recall drugs, if need be. Some notable past drug recalls include Accutane (the popular acne drug), Vioxx (a pain medication that caused 28,000 cardiac deaths or heart attacks), and Darvocet (another pain medication that caused heart problems).

Either way, manufacturers are required to notify consumers, medical professionals, distributors, and salespersons of any and all known side effects of their medications.

medication side effects DC product defect lawyerSide effects are broad. They can be mild, like headaches or fatigue. They can also be extremely serious, like joint pain, ulcers, arthritis, liver damage, a stroke, nervous system damage, and more.

In certain instances, a patient suffering from side effects can pursue legal action, in what is known as a defective product liability claim.

Typically, these claims fall into three categories: (1) defective manufacture (2) defective design or (3) failure to provide adequate warnings about the risk involved in taking a medicine.

If the patient is warned of potentially serious side effects by the prescribing party (physician, pharmacist, etc.) and chooses to take the medicine anyway, then the patient is unlikely to succeed in his pursuit of damages.

The person affected must show that the medication was defective, dishonestly marketed – failure to warn, or had undisclosed negative side effects that caused harm. 

If you or a loved one has suffered severe side effects from a medication that you were not warned of, we can help get you the compensation you deserve. Contact the experienced attorneys at Cohen & Cohen today for a free case evaluation. 

 

workers compensation attorneys in dc
[divi_library_shortcode id="987499082"]

Injury Attorneys DC, MD, VA – Get the Compensation You Deserve! Whether you have been injured in a car accident, a malpractice victim, injured on the job, as the result of shoddy craftsmanship, or in a slip and fall, we can help! Our experienced, competent attorneys excel in all areas of personal injury law.

Practice Areas 

FREE CASE EVALUATION

Our team is available and ready to help you with your case. Feel free to contact us via the form below or call us 24/7 at 202-955-4529

Recent Posts

Client Review

"The legal team at Cohen & Cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job."
Jose Rivera
Client Review

"I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side."
Lea Harvey
Client Review

Read more:

Hear from our clients

If you have been injured, contact Cohen & Cohen for a free case evaluation today. Our staff is available 24/7 to assist you.

Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
5 STAR Reviews. We are among the best-rated firms in the areas we serve.

Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
5 STAR Reviews. We are among the best-rated firms in the areas we serve.

L Proctor
August 30, 2022.
My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
Beloved Temple
June 3, 2022.
I was very pleased with the handling of my case and settlement with Cohen& Cohen. I appreciate them, would highly recommend them.
willie howell
May 25, 2022.
COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
Jose Rivera
May 25, 2022.
The legal team at cohen & cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job
Lea Harvey
May 25, 2022.
I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
Cameron Galloway (HustleDaGod)
May 19, 2022.
Kris was phenomenal. Spectacular communication & knowledge in regards to my case. Would definitely return if I needed more legal services. 100% definitely recommend.