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Wrongful Death Lawsuits: Can You Sue a Drug Company?

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Millions of people across the country rely on prescription drugs. We trust these products to be safe and to work in the proper manner. Unfortunately, this isn’t always the result that we receive, and it’s quite common for a person to be injured by a prescription drug that they need. In fact, when a prescription drug is made the wrong way, it can often lead to death.

If you have a loved one who has died from the use of a poorly manufactured prescription drug, then you might be considering a wrongful death lawsuit. Before filing your suit, it’s a good idea to learn more about lawsuits against drug companies and what they entail. Discover the complications surrounding wrongful death suits and drug companies and learn when you need a wrongful death attorney.

Product Liability

Filing a wrongful death suit against a drug company is generally considered a product liability case. This is because your loved one was injured by the company’s product, a prescription drug. In legal terms, a product liability is a type of strict liability tort, which means that the drug company is legally responsible for any problems with their products. If a drug is defective and causes injury or death, the company is at fault.

When filing a wrongful death suit against a drug company, there are several ways you could try and prove their liability. As mentioned, you could show that the drug was manufactured with a defect and that this caused your loved one’s death. Another possibility is to show that the drug did not include adequate instructions or warning labels. Drug manufacturers are required to include these items, and their absence can be used to prove negligence.

You should always consult with a wrongful death attorney when trying to prove the liability of a drug company.

Liability Loopholes

To lower their costs, many Americans choose to use generic prescription drugs. Unfortunately, this decision may leave you with very few options after one of these drugs has resulted in the death of your loved one. A recent court decision, Pliva v. Mensing, decided that generic drug manufacturers cannot be held liable for damages caused by their products.

The reason for this is that once a drug is allowed to be released in a generic form, it has already been approved by the FDA. However, product liability lawsuits occur at the state level. Generic manufacturers argued that it’s impossible for them to comply with both FDA and state regulations, and the court agreed. If your loved one died because of a generic drug, it would be very difficult to file a wrongful death suit.

Work with A Wrongful Death Attorney

If you’re considering filing a wrongful death lawsuit on behalf of your departed loved one, the most important thing that you can do is to hire legal representation. Find the experienced, knowledgeable wrongful death attorney that you need by working with the team at the McMahan Law Firm.

The legal professionals at the McMahan Law Firm are ready to help you in whatever way we can. We can discuss your options for a wrongful death lawsuit and how to prove the liability of the drug manufacturer. Speak with a representative today so that we can start working on your case.

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