Am I Eligible To File a Wrongful Death Claim for a Defective Drug Injury?

Millions of Americans take prescription pharmaceutical drugs every day without incident. However, for an unfortunate few, taking a prescription drug may end with death. When a drug is manufactured with a defect that results in the death of the person taking the drug, it can be considered a ‘wrongful death’.

When a loved one suffers a wrongful death due to a prescription drug, many people consider filing a personal injury lawsuit. If you’re thinking about a wrongful death suit against a drug company, you need to learn about the complications involved in these cases. Read about wrongful death lawsuits against drug companies and discover why you need to hire a wrongful death attorney for help with your case.

Claims Against a Drug Company

Most people are unaware that there’s actually a wide range of personal injury cases. When you file a wrongful death suit against a drug company, you are filing a product liability claim. This means that you are seeking compensation because of the company’s product — the drug — caused the death of your loved one.

The majority of product liability cases involving a drug company will be based on a defective product. This means that the drug was manufactured with a defect, usually an improper ingredient, and that this caused the death of your loved one. Manufacturers of a defective product will almost always be held liable for damages caused by the product, regardless of negligence.

It may also be possible to sue a drug company for wrongful death due to the lack of a warning label or instructions on their packaging. Prescriptions drugs must be ingested in a certain way to be effective and safe. If your loved one took a drug improperly and died because no instructions or warning labels were provided, you can bring a wrongful death suit against the drug company.

Wrongful Death & Generic Drugs

Generic drugs are much less expensive than their name brand counterparts. Because of this, many people choose generics in order to save money. However, just like drugs produced by large pharmaceutical corporations, generic drugs can also result in wrongful death if they are taken improperly or manufactured with a defect.

Pliva v. Mensing

It can be very difficult to sue a generic drug company due to the Pliva v. Mensing Court ruling. This case resulted in generic drug companies being held to the same federal FDA rules as large pharmaceutical companies. Since wrongful death suits happen at the state level, this makes it much more difficult to bring a wrongful death suit against a generic drug manufacturer.

If you’re considering a wrongful death lawsuit due to a generic drug, you should make sure to consult a wrongful death attorney. A good attorney will be able to examine your case and inform you if you’re eligible to file suit.

File a Suit with the Help of a Wrongful Death Attorney

Wrongful death suits can be very difficult, especially if they involve a large corporation like those that manufacture prescription drugs. If you need help planning and filing your suit, you need to hire a wrongful death attorney from The Law Offices of Peter N. Davis and Associates, LLC.

The team at the Law Offices of Peter N. Davis are ready to serve you in whatever way you need, including planning your personal injury suit. Contact us today to discuss the facts of your wrongful death suit.