Defective drugs and medical devices can cause injuries that have lasting impacts on a person’s quality of life, or they can result in death. These impact not only the person injured but their family as well. Medical bills and a lack of the individual’s income can cause economic problems at an already difficult time. If an injury or death occurs because of a defective drug or device, you may be able to seek compensation.
Before a drug is made available to the public, it must pass several rounds of testing through clinical trials. Those trials determine the effectiveness of medications and identify any potential side effects and safety risks. Once those trials end, a drug isn’t publicly accessible until approved by the FDA. Despite the extensive efforts to keep medicine safe, devastating long-term side effects can hide until years later. When that happens, people impacted by those side effects can seek damages if the lasting effects of a drug were not disclosed or known when administered.
Medical devices and aids are also susceptible to causing more harm than good. According to the FDA, they receive hundreds of thousands of reports about injuries, deaths, and malfunctions related to medical devices. Medical devices and aids aim to help people who would otherwise have a more difficult time without them. When a person receives a defective medical device, it can have the opposite effect and result in life-threatening injuries, additional surgeries, and increased medical expenses. You can seek damages when you or a loved one has been seriously injured because of a defective medical device.
The manufacturer or distributor may be liable for damages from a defective drug or medical device if it is not reasonably safe due to defects or foreseeable harms that outweigh the medical benefits. Inadequate instructions or warnings can also leave a company open to liability for resulting injuries.
If you are planning to seek damages from a defective drug or medical device, it is essential to have an attorney who understands how to navigate that type of case. At Kagan Law, we care about our clients and work hard to get you the best outcome. Contact us online or call (239) 466-1161 to discuss your legal options.