Pharmaceutical drug companies are required by law to adequately warn patients and health care providers of known risks associated with their drugs. Unfortunately, many times these warnings may be inadequate or misleading. When this happens, an individual may suffer a severe injury due to taking a pharmaceutical drug, and they may be eligible to file a lawsuit against the manufacturer. With the help of our Cedar Rapids drug injury lawyer, you may be able to obtain the settlement you deserve.
At Hupy and Abraham, we have the experience to help you recover the full compensation you deserve for any drug-related injuries and understand how difficult it can be to deal with the aftermath of a drug injury.
Our drug injury attorney in Cedar Rapids, IA, will ensure that your rights are protected and your case is handled correctly from start to finish.
What Is a Drug Injury?
A drug injury occurs when a person is injured or dies due to taking a certain medication or using a medical device. Drug injuries can range from mild to severe and include any physical harm caused by taking a medication or using a medical device. This can include allergic reactions, side effects, complications from long-term use, or even death resulting from taking the wrong dosage.
According to our Cedar Rapids drug injury lawyer, for an individual to be entitled to compensation for their injuries, they must prove that the drug was not properly tested or labeled prior to being sold and that the company failed to warn them of known risks associated with the product adequately.
Some potential conditions that can result due to a drug injury include:
- Heart attack or other heart problems
- Skin conditions such as Stevens-Johnson syndrome
- Organ damage
- High blood pressure
- Neurological defects
How Do Drug Injuries Occur?
Drug injuries occur when an individual takes a medication inadequately tested or labeled incorrectly by the manufacturer. The most common cause of pharmaceutical drug injuries are mistakes made during the manufacturing process. This could include incomplete or incorrect label information, incorrect dosages, wrong ingredients added, and other errors that can lead to dangerous side effects or even death. This type of mistake occurs because manufacturers are not always held accountable regarding what they put in their products, leaving them free to make careless mistakes that can have dire consequences for unsuspecting users.
In addition to manufacturing errors, pharmaceutical drug injuries can also occur due to negligence by health care providers. If a doctor prescribes too large of a dose or fails to warn their patient about potential side effects or interactions with other drugs, they could be held responsible for any resulting harm caused by their negligence. Finally, some pharmaceutical drugs are simply dangerous and may require additional warnings and information before being prescribed.
Drug Injury Statute of Limitations
Iowa, like every other state, has a statute of limitations for filing a claim. This means you only have a certain amount of time to file a lawsuit against a negligent party. In Iowa, individuals who have suffered an injury caused by using pharmaceutical drugs have two years from the date of injury in which they can sue for damages related to their injuries. After this time period has passed, individuals no longer have legal standing in court and will not be able to obtain compensation for their injuries.
There are certain exceptions to Iowa's statute of limitations, including there being extenuating circumstances such as fraud or concealment on behalf of the defendant. In addition, if you were a minor under the age of 18 when the injury occurred and your parent or legal guardian did not file a lawsuit on your behalf, then you will have two years from the date of your injury or until you turn 19 to take legal action for your drug injury.
It is important that individuals consult with an experienced Cedar Rapids drug injury attorney soon after receiving an injury so that they do not miss out on any potential legal remedies that might otherwise be available.
Who Can Be Sued for a Defective Drug Injury?
According to our drug injury lawyer in Cedar Rapids, if you suffered an injury due to a defective drug, several parties could be held responsible. In addition to suing pharmaceutical companies for inadequate testing or labeling practices before selling drugs on the market, individuals may also bring forth a claim against the following:
- Doctors who prescribed incorrect dosages, which resulted in harm, and pharmacies that distributed medications without providing adequate warnings regarding potential risks associated with them.
- Pharmaceutical companies could be liable for a defective drug injury due to a design defect due to a failure to provide the proper care required to study the medication and design it in a way that is reasonably safe for consumers.
- The manufacturing company responsible for making the product can be liable for a drug injury. Since pharmaceutical medications must be made according to a specific design, any deviation from the medication’s design, such as mislabeling the product or contamination, can result in the drug being unsafe and lead to a drug injury.
- A prescription drug company can be held responsible for a drug injury if they did not warn doctors or patients of the potential drug risks. This can be due to untruthful or misleading advertising or labeling.
It is important that individuals consult with experienced attorneys who understand Iowa's laws regarding defective drugs before filing any claims against medical professionals or pharmacies so that all avenues are explored thoroughly before proceeding with litigation. In some cases, where a group of people has all experienced a similar drug injury, a class-action lawsuit may be filed against the manufacturer of the drug or medical device.
Do I Have a Case Against the Pharmaceutical Company?
How to Find the Best Drug Injury Lawyer in Cedar Rapids
It is essential to select the right lawyer to help you navigate the complexities of a drug injury case. You can start your search by researching potential lawyers and creating a shortlist of those who specialize in handling drug injury claims. You should look for attorneys who are experienced, knowledgeable, and have an established track record of success with similar cases. Consider asking friends or family for referrals of lawyers they may have used. Consider a lawyer you know personally or have used for your own case.
You can begin your search by checking out the websites of prospective lawyers and reading online reviews and testimonials from former clients. This will give you an idea of what others have experienced when working with them and whether they are qualified to handle your case. In addition, reviewing case results can show examples of what types of settlements other Iowa drug injury clients have been awarded for their cases. Finally, the types of awards and accolades can give insight into how a lawyer rates in their local community. The team at Hupy and Abraham has been voted best and rated best by their clients and community.
Once you’ve narrowed down your list of potential lawyers, it’s time to schedule consultations with each one. At this initial meeting, the lawyer should take time to explain their process for building a winning case and provide other relevant information, such as fees associated with their services and timeline estimates on the completion of tasks related to the case. You can prepare questions to ask each lawyer since their answers can help make a final decision. You should feel comfortable enough during this meeting to discuss any concerns you may have regarding your claim, so make sure that you choose a drug injury lawyer who is approachable and understanding.
Contact Our Cedar Rapids Drug Injury Lawyer for a Free Consult
If you need a Cedar Rapids drug injury lawyer, contact Hupy and Abraham for a free, no-obligation consultation. Our team of experienced drug injury lawyers has a successful track record of getting our clients the fair recovery they deserve. To schedule an appointment, contact us online or call us at 1-800-800-5678.