When a person feels unwell or is diagnosed with a medical condition, one of the first questions that come to mind is what medicine the doctor will prescribe to cure you; or at least alleviate the symptoms? The last thing a person may expect to consider, however, is that any medicines prescribed will do more harm to their body than good. Many of the most commonly prescribed medications on the market are not new. In fact, some have been around for a while and still cause harm to patients. Here’s what you need to know about dangerous prescription drug claims.
Dangerous Prescription Drug Claims
When a person is injured due to dangerous prescription medication, they may be entitled to seek compensation for the damage caused by these drugs. Under the law – both state and federal – the manufacturers of these pharmaceuticals have a duty to provide medications; only those which are safe for consumption. They must list any warnings or known dangers for their product clearly on the packaging or on the label.
When a drug manufacturer fails to provide adequate warnings or information concerning the dangers of their prescription medicines, they are liable for the damages as a result of their dangerous products under New Jersey product liability laws. Regardless of the federal Food and Drug Administration (FDA) approval, these manufacturers are responsible for the damage their goods cause to patients and consumers.
Proving a Dangerous Drug Claim
To prove liability in dangerous drug cases, they must show that the victim sustained injuries while using the drug by the directions on the packaging or from the prescribing physician. It must also be proved that the victim was unaware of the dangers of the drug in question. And the manufacturer failed to warn the public of these dangers.
The Statute of Limitations on Product Liability Claims
In the state of New Jersey, product liability claims suits face a statute of limitations of two years, either from the date of the injury or from the time when the injury was either discovered or it is reasonably assumed to be known. This is similar to the statute of limitations for personal injury claims. It is sometimes difficult to determining when you should have known about your injuries. So it is advisable to speak with an experienced personal injury attorney right away.
Contact an Experienced Product Liability Attorney Today
Pharmaceutical manufacturers have billions of dollars and teams of lawyers at their disposal to defend them against dangerous drug claims. If a defective or dangerous medication injured you, speak with an experienced prescription drug lawsuit attorney as soon as possible. Don’t trust your claim with just any personal injury firm. Choose the best personal injury and product liability attorneys in the State of New Jersey. Choose the Law Offices of James C. DeZao, P.A. Call us today at (973) 358-6134 for a free consultation.