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Dangerous Drugs Lawyer

Many of us use medicines on a daily basis, whether it’s over-the-counter digestive aids, prescription allergy medications, or temporary opioid painkillers. We assume that, if we follow the directions given for these medications, they will be relatively safe to use. After all, the medicines we use are approved by the Food and Drug Administration (FDA). Unfortunately, drugs aren’t always as safe as they should be.

According to the FDA, adverse events from drugs result in more than 4 million visits to emergency rooms and doctors’ offices every year, leading to nearly 120,000 hospitalizations every year. In the majority of these cases, injuries and illnesses could have been avoided because they were caused by providing the wrong medicine, wrong dosage, or issues with the medication itself.

As such, if you are injured or made ill by a medication, you may be able to hold the drug manufacturer, prescribing doctor or even the pharmacist responsible for your injuries. At Auger & Auger, our team of dangerous drugs attorneys has represented hundreds of victims of dangerous drugs over our 26+ years of experience. We know how to take on pharmaceutical companies in and out of court to get you the compensation you deserve.

Give us a call at (800) 559-5741 or contact us online today for a free, no-obligation consultation today.

How Dangerous Drugs Make It Into the Marketplace

New drugs are released onto the market every year. They do go through rigorous testing, but at the end of the day, it’s only tested on a small group of people. So when the drug is released to the general public, new side effects may suddenly show themselves. Some of these side effects may be as minor as dry mouth or vomiting, or they could be as major as internal bleeding or organ failure.

In addition, some drugs don’t go through testing at all before they are released. Under the FDA’s 501(K) approval regulations, “substantially similar” products can be released without comprehensive testing if the medical devices are fundamentally similar to devices that have existing FDA approval.

The issue is, some of the existing approved products have been proven dangerous already. However, these dangerous drugs can still be used as a “substantially similar” product to bring more dangerous medicines to the marketplace, so long as the products have not been formally recalled.

Common Dangerous Drugs to Be Aware Of

There are a number of drugs that are considered dangerous, even when they are taken as prescribed. Some of these include:

• Xarelto, which is a blood thinner than can cause severe bleeding episodes if a patient suffers even a small cut or minor bruising. Because there is no “cure” for the anticoagulant properties of Xarelto, bleeding episodes can be fatal.
• Invokana, a diabetes medicine that is intended to improve glycemic control and lower blood sugar. However, this medicine could lead to ketoacidosis, which is a build-up of acidic waste in the blood and urine.
• Risperdal, an antipsychotic drug used to treat some mental and mood disorders like schizophrenia and bipolar disorder. However, the drug can increase the amount of prolactin in teenage boys, which stimulates breast development.

In addition, opioids like OxyContin have been proven to be dangerous. In fact, nearly every state in the country has sued Purdue Pharma, which manufactures OxyContin, for their role in creating and fueling the opioid epidemic. Purdue Pharma failed to disclose the addictive side effects of the drug — and went so far as to say there were no addictive properties.

Homeopathic remedies have also come under fire. In 2019, a lawsuit was filed against Wal-Mart because they marketed homeopathic remedies as legitimate, approved medication. CVS was sued over the same issue in 2018. Though these products aren’t evaluated by the FDA, the administration does issue warnings on some homeopathic remedies.

Strict Liability vs. Negligence

North and South Carolina have different laws regarding suing drug manufacturers for dangerous medicines. Most states, including South Carolina, follow strict liability laws. This means you don’t have to show the manufacturer acted negligently in order to file a lawsuit against them. Rather, you just need to show that:

• The drug was defective when it left the factory or distribution center;
• The drug was used as it was prescribed; and
• The drug caused injury or illness.

The first criteria is generally proven by the second two. When it comes to strict liability, virtually the only legitimate defense is that the lawsuit was brought outside the statute of limitations, which is 3 years in South Carolina.

However, North Carolina requires that you show the manufacturer acted negligently when they created the drug. This means showing:

1. There was a duty of care: Manufacturers have a duty of care to not just create a safe product, but to also provide warnings of any potential side effects. In addition, doctors and pharmacists have a duty of care to recommend the best drugs for a specific patient and warn patients of any potential drug interactions they may encounter based on other medicines they’re taking.
2. The duty of care was breached: If manufacturers don’t take proper steps to ensure their drug is safe when taken as directed, or they don’t provide warnings of potential side effects, they have breached their duty of care. Similarly, doctors and pharmacists have breached their duty of care if they fail to warn their patients of potential issues with the medication.
3. You were injured because of the breach of duty: Just because you suffer injury or illness while you’re taking a medication, doesn’t mean there was a breach of duty. For instance, if you take multiple medications, and suffer the side effects of drug A, you can’t sue the manufacturers of drugs B and C if that side effect isn’t related to drugs B and C.
4. You suffered real damages: Real damages include financial loss, physical and emotional issues, and more. This is generally the easiest element to prove.

Speak to a Dangerous Drugs Attorney Today

If you have been injured due to a dangerous drug, you have legal options. Our team of attorneys knows what it takes to fight drug manufacturers, doctors, pharmacists and other parties both in and out of court to get the full compensation you deserve. We have been helping victims of dangerous drugs in the Carolinas for over 26 years.

When you hire us, you won’t owe us a dime until we win your case. Give us a call at (800) 559-5741 or contact us online today for a free, no-obligation consultation with a dangerous drugs lawyer today.