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Defective Drugs
HawkLaw Fights for Charleston

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Charleston Defective Drug Lawyer

The American people trust their doctors to make informed, well-measured judgments about their medical care and trust pharmaceutical manufacturers to produce safe and effective medicines.

Dangerous drug cases often arise from defective products or dangerous interactions between multiple substances. Anyone who has suffered illness or injury from a dangerous drug incident should know their legal options, and it starts with identifying the root or the source of the issue.

What is a Defective Drug?

Legally speaking, a drug is considered defective when it has multiple side effects that are either deadly or harmful to a degree that they outweigh the positive effects of the drug. In other words, the drugs are too dangerous to be helpful for people, yet the Food and Drug Administration (FDA) still lets some go to market.

List of Defective Drugs

Any of the following drugs could be considered defective, potentially allowing you to sue for compensation if you or a loved one were harmed by them.

  • Xarelto
  • Actos
  • Byetta
  • Lipitor
  • Yasmin
  • Tylenol
  • Chantix
  • Fosamax

List of Defective Medical Devices

Like drugs, medical devices can also be defective in the sense that they cause more harm than good. Here are some medical devices that could be considered defective.

  • Paragard IUDs
  • Hernia mesh
  • Medtronic infusion pumps
  • Stents
  • Mirena IUDs
  • Morcellators

Who Could Be Held Liable for Defective Drugs in Charleston, South Carolina?

Quite a few different parties could potentially be held liable for defective drugs in South Carolina, though the exact parties depend on the unique conditions of your case. Drug manufacturers could be sued for negligence for allowing a defective drug to go to market when they have a responsibility to test it properly first. Testing laboratories can also be held responsible along with any other entities involved in the manufacturing process.

In addition to those responsible for manufacturing, liability could additionally be assigned to those who are involved in the distribution process. This can include doctors and pharmacists along with the organizations they work for like hospitals and clinics. Hospitals and other similar institutions have a responsibility to warn about any potential side effects of any drug they prescribe, and that list can be quite significant when it comes to defective drugs.

patient sorting out there pills for the week in a container

Drug Manufacturer Medical Product Liability

If a drug manufacturer produces a defective medicine, they have a legal obligation to recall the affected units as soon as they become aware of the problem to minimize damage to patients. In some cases, drugs appear to be effective and work as intended for a while only to manifest negative symptoms later. Timeliness is crucial on the manufacturer’s part, as any delay in recalling dangerous drugs increases the manufacturer’s level of liability for patient damages.

Many pharmaceutical companies have come under fire from government oversight and suffered damaged reputations after public scrutiny due to misrepresented or improperly tested drugs. If you took a medication only to discover later that the drug is dangerous and defective, stop taking the medication immediately and speak with a doctor about the situation. Then, contact a Charleston defective drug lawyer to help you navigate a product liability claim against the manufacturer.

If the product in question is a drug that’s commonly prescribed, you might not be the only consumer that has been injured. If this is the case, you can collaboratively file a class-action lawsuit against the drug manufacturer. A class action lawsuit may lead to a much smaller case award, but it is generally much easier and far less expensive to pursue legal action this way.

In South Carolina, any defective medical products would be covered under the state’s product liability laws. Any person or business that sells an unreasonably dangerous product can be held liable for any harm that the product causes in its use, meaning they would have to cover the cost of medical bills and other damages.

What qualifies as unreasonably dangerous is generally any product that is not safe to use when used as it was intended. Because liability on behalf of the seller is assumed under this law, it is not on you to demonstrate negligence in a lawsuit. Instead, you have to demonstrate that the product is defective, that your injuries were a result of the product, and that the product was made by its manufacturer.

Medical Professionals Dangerous Drugs and Personal Injury

Medical professionals, including doctors and pharmacists, have a legal duty to act with reasonable care and to do no harm to their patients. When a doctor prescribes a medication to a patient, the doctor must check that the patient has no conflicting medical conditions that the prescription would exacerbate. Additionally, the doctor must also check to see which other prescription drugs the patient takes. Some drugs may work as intended but perform differently when taken with other medicines. In some cases, these interactions can be fatal.

Doctors must clearly explain all the risks associated with any type of treatment or medication, including ensuring that any prescriptions are safe for patients to take. Pharmacists must ensure that they dispense patients’ orders in the correct dosage and quantity. Additionally, because many medications have clinical names that sound very similar to other substances, it is crucial to be absolutely sure of an order’s accuracy before dispensing it. Providing a patient with the wrong medication can have deadly consequences.

Risks and Dangers of Consuming Defective Medication

Dangerous drugs can lead to a range of debilitating and potentially life-threatening injuries, and an experienced Charleston personal injury attorney can help you make a case for damages based on those injuries. They can include increased blood pressure, diabetes, liver damage, kidney damage, depression, and an increased risk of heart attack, stroke, or cancer.

If your health is suffering after the use of a defective drug or medical device, schedule a free consultation* with our Charleston attorneys to begin your case.

Damages From a Charleston Dangerous Drug Lawsuit

You may claim several different kinds of damages in a dangerous drug lawsuit in Charleston. Economic damages are the most common, and these are damages that are easily quantifiable, such as medical expenses and lost wages. Note that this includes future medical expenses and future lost earning capacity as well.

Additional damages include non-economic damages, which are a bit tougher to put an exact number on in terms of financial compensation. These are damages such as pain and suffering, both mental and physical, in addition to loss of life enjoyment and reduced quality of life, such as regular tasks becoming more difficult.

What is the Statute of Limitations for Charleston Defective Drug Cases?

The statute of limitations for defective drug cases in South Carolina is three years from the date of the injury suffered from the defective drug. If you are pursuing a wrongful death case, the three-year time limit begins on the date of the death.

While the three-year time period is a strict limit, it is generally best to start pursuing your case as soon as possible after your injury. It can take time to collect all the necessary evidence to build a strong case, and it is always better for your case to be as strong as possible right from the filing of the claim. A diligent Charleston defective drug attorney from HawkLaw can greatly assist you in this endeavor.

Steps to Proving Negligence in a Dangerous Drug Case in South Carolina

When it comes to defective drug cases, negligence is already assumed on the part of the drug company or manufacturer. What you have to do is demonstrate that the seller or manufacturer of the drug is directly responsible for the state of the product. This is generally represented by three key points.

First, you must demonstrate that the subject of your lawsuit is the maker or seller of the defective drug. As a disclaimer, this is likely already a matter of public record, so demonstrating this should be fairly simple.

Second, you will need to demonstrate that the drug is actually defective. This is a bit tougher, so you will want to enlist legal advice from an attorney with a practice area in defective drug cases. They can help compile evidence of the drug’s harmful side effects as well as the maker or seller’s failure to properly warn of the dangers, whether it is a prescription drug or an over-the-counter drug.

Finally, you will need to show that the serious injuries you suffered occurred as a result of you taking the defective drug. Again, you will want a Charleston defective drug attorney to properly make this case, as they can help you get testimonials from your doctor.

woman with a pen signing legal documents

Why Do I Need a Lawyer for My Charleston Drug Injury Case?

A dangerous drug case may seem straightforward at first, but product liability claims and medical malpractice claims are complicated legal matters that require professional representation. The HawkLaw team is proud to represent personal injury clients in the Charleston area for all types of harmful drug cases. Prescription medications exist to heal and make life easier; when dangerous drug interactions or defective drugs put lives in danger, the responsible parties must be held accountable for their negligence, and that is what South Carolina personal injury lawyers are here for. It all begins with a free case review*.

Let Us Help You Recover What You Lost

Reach out to HawkLaw to schedule a free consultation* with a free case evaluation* about your dangerous drug case today with our law firm. We understand how devastating these situations can be, so let us show you how we can help. We put all our experience and resources at our clients’ disposal, and we work on a contingency fee basis, meaning we don’t take a fee unless we win your case. * Contact us in Mount Pleasant, North Charleston, Myrtle Beach, Columbia, or Charleston about your dangerous drug case today to get started toward obtaining the compensation you deserve to recover.

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HawkLaw, P.A.
4975 LaCross Rd
Suite 201
North Charleston, SC 29406
+1 (854) 333-3333
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John D. Hawkins
Founder and CEO

John Hawkins is the Founder and CEO of HawkLaw He has been licensed to practice law in South Carolina since his graduation with honors in 1994 from the University of South Carolina School of Law, where he was on the Law Review and Order of Wig and Robe.