Product Liability Lawsuit for Dangerous Drugs
When you take a prescription or over-the-counter medication, you expect it to help, not harm you. Unfortunately, pharmaceutical companies don’t always put safety first, and when dangerous drugs hit the market, they can cause serious injuries, long-term health complications, or even death. If you or a loved one has suffered due to a defective or unsafe medication, you may have grounds for a product liability lawsuit.
At Bretz Injury Law, we fight for victims who have been harmed by dangerous drugs. Our experienced attorneys know how to hold negligent drug manufacturers accountable and pursue the compensation you deserve. Below, we’ll explain how product liability lawsuits over dangerous drugs work, the common causes of these cases, and what you can do if you’ve been affected.
What Is a Dangerous Drug Lawsuit?
A dangerous drug lawsuit is a type of product liability claim filed against a pharmaceutical company, distributor, or another responsible party when a medication causes harm. These lawsuits typically fall under one of three categories:
- Defective Design: The drug was inherently unsafe, even when used correctly.
- Manufacturing Defect: A problem occurred during production that made the drug dangerous.
- Failure to Warn: The manufacturer failed to provide adequate warnings about side effects or risks.
Unlike a medical malpractice claim (which targets a doctor or healthcare provider), a dangerous drug lawsuit holds the drug manufacturer or distributor responsible for the harm their product caused.
How Do Dangerous Drugs Reach the Market?
The U.S. Food and Drug Administration (FDA) is responsible for reviewing and approving medications before they become available to the public. However, the system is far from perfect. Many dangerous drugs slip through the approval process, often because pharmaceutical companies prioritize profits over patient safety.
In some cases, drug manufacturers cut corners during testing, misrepresent clinical trial data, or fail to disclose known risks. Even after a drug is approved, new dangers can emerge, leading to recalls, lawsuits, and devastating consequences for consumers.
Rushed Clinical Trials
Pharmaceutical companies often rush the clinical trial process to get their drugs on the market as quickly as possible. In some cases, studies are too short to fully assess long-term side effects, or they exclude certain patient groups to manipulate results. When trials are incomplete or biased, dangerous medications may be approved without a full understanding of their risks, putting patients in harm’s way.
Failure to Disclose Risks
Some drug manufacturers intentionally hide negative side effects from the FDA, doctors, and the public. Instead of being transparent about the potential dangers of their medication, they downplay or omit critical data to ensure the drug is approved and widely prescribed. This deception can leave patients and doctors unaware of life-threatening risks until it’s too late.
Improper Marketing
Even when a drug is approved for a specific medical condition, manufacturers sometimes promote it for unapproved uses — a practice known as off-label marketing. While doctors are legally allowed to prescribe drugs for off-label use, pharmaceutical companies cannot advertise them in this way. Misleading marketing can lead to improper prescriptions, exposing patients to serious health complications that were never properly studied.
Contamination or Poor Quality Control
Even when a drug is designed correctly, the manufacturing process can introduce dangerous defects. Contaminated ingredients, incorrect dosages, or improper storage conditions can all make a medication unsafe. Some defects go unnoticed for years, harming thousands of people before regulators step in. When poor quality control results in injuries or deaths, affected individuals have the right to take legal action against those responsible.
Examples of Dangerous Drug Lawsuits
Over the years, several high-profile pharmaceutical lawsuits have exposed medications that caused severe harm to consumers. In many cases, drug manufacturers were found to have concealed risks, manipulated clinical trial data, or engaged in false advertising to maximize profits at the expense of public safety. The following cases serve as reminders that even FDA-approved drugs can have devastating consequences, often leading to mass recalls, lawsuits, and multi-billion-dollar settlements.
Zantac and Cancer Risks
For decades, Zantac was one of the most popular over-the-counter and prescription medications for heartburn and acid reflux. However, it was later discovered that the drug contained dangerously high levels of N-Nitrosodimethylamine (NDMA), a probable human carcinogen. NDMA contamination was linked to various forms of cancer, including stomach, liver, and bladder cancer. In 2020, the FDA pulled Zantac from the market, and thousands of lawsuits were filed by consumers who developed cancer after long-term use of the drug. Many of these lawsuits have resulted in significant settlements.
OxyContin and the Opioid Epidemic
Purdue Pharma, the maker of OxyContin, played a central role in fueling the opioid crisis by misleading doctors and the public about the drug’s highly addictive nature. The company promoted OxyContin as a safe and non-addictive painkiller, even though internal documents later revealed that Purdue was fully aware of its potential for abuse. Millions of people became addicted, leading to a surge in overdose deaths and widespread devastation. After facing thousands of lawsuits from individuals, families, and state governments, Purdue agreed to a multi-billion-dollar settlement and declared bankruptcy as part of its legal resolution.
Vioxx and Heart Attacks
Marketed as a painkiller for arthritis and chronic pain, Vioxx was a widely prescribed drug that was later found to increase the risk of heart attacks and strokes. Evidence surfaced that Merck, the drug’s manufacturer, had known about these risks but deliberately concealed them from the FDA and the public. After thousands of reports of serious cardiovascular events linked to Vioxx, the drug was pulled from the market in 2004. Merck eventually faced billions of dollars in settlements, compensating victims and their families for the harm caused by their deception.
The Legal Process for Filing a Dangerous Drug Lawsuit
Filing a dangerous drug lawsuit can be a complex and time-consuming process, but you don’t have to go through it alone. When you work with an experienced attorney, they will handle the legal aspects of your case so that you can focus on your health and recovery. From gathering evidence to negotiating a fair settlement, each step is crucial in holding the drug manufacturer accountable and securing the compensation you deserve.
Case Evaluation
The first step in any dangerous drug lawsuit is determining whether you have a valid claim. Your attorney will carefully review your medical history, prescriptions, and any health complications you have experienced. They will assess whether there is a clear link between the medication and your injuries and determine whether the drug manufacturer, distributor, or another party may be liable for the harm you have suffered. This initial consultation is critical in setting the foundation for your case.
Investigation and Evidence Collection
To build a strong claim, your legal team will conduct an in-depth investigation to gather the necessary evidence. This may involve consulting with medical experts who can testify about the drug’s harmful effects and how it directly contributed to your injuries. Your attorney will also seek out internal company documents that may reveal whether the manufacturer knew about the risks but failed to disclose them. Additionally, any FDA warnings, recalls, or prior lawsuits involving the medication can serve as crucial evidence in proving liability.
Filing the Lawsuit
Once the evidence has been gathered, your attorney will file a formal complaint against the drug manufacturer and any other responsible parties. This legal document outlines the facts of your case, details the harm you have suffered, and explains why the defendants should be held accountable. Filing the lawsuit officially initiates the legal process, and from this point forward, your attorney will manage all court filings, legal deadlines, and communication with the opposing parties.
Settlement Negotiations or Trial
Many dangerous drug lawsuits are resolved through settlement negotiations rather than going to trial. In these cases, the drug manufacturer agrees to pay compensation to the victim in exchange for avoiding a lengthy court battle. Your attorney will work aggressively to negotiate a fair settlement that fully covers your medical expenses, lost wages, and pain and suffering.
That said, if the manufacturer refuses to offer a fair amount, your lawyer may recommend taking the case to trial. In court, your attorney will present expert testimony, medical evidence, and documentation proving that the drug was defective or that the company failed to warn consumers about its dangers. A trial can be a longer process, but it may result in a larger financial award if the jury rules in your favor.
At Bretz Injury Law, we understand how devastating it can be to suffer serious health complications because of a dangerous drug. Our legal team fights aggressively for maximum compensation, whether through settlement negotiations or in the courtroom. If you or a loved one has been harmed by a defective or unsafe medication, we are here to stand up for your rights and help you navigate the legal process from start to finish.
What Compensation Can You Recover?
Victims of dangerous drugs often face serious health complications, financial hardships, and emotional distress due to a manufacturer’s negligence. If a defective or unsafe medication has harmed you, you may be entitled to significant compensation. The amount you can recover depends on the severity of your injuries, the impact on your life, and whether the drug company acted recklessly. Compensation in these cases generally falls into three main categories: economic damages, non-economic damages, and punitive damages.
Economic Damages: Covering Financial Losses
Medical expenses from a drug-related injury can be overwhelming, especially when hospital stays, surgeries, or long-term treatments are required. Compensation can cover past and future medical costs, ensuring that you receive the necessary care without financial strain. Additionally, if your injuries caused you to miss work, you may be entitled to reimbursement for lost wages. In severe cases where a medication has caused permanent disability or long-term health complications, victims may also recover compensation for reduced earning capacity or future lost income.
Non-Economic Damages: Addressing Personal Suffering
Beyond financial losses, dangerous drug victims often endure physical pain, emotional trauma, and a diminished quality of life. Pain and suffering damages compensate for the physical discomfort and distress caused by the defective medication. Emotional distress damages address the mental health toll of dealing with chronic pain, anxiety, depression, or PTSD resulting from a dangerous drug. In cases where a person can no longer enjoy activities they once loved due to their injuries, they may also be eligible for compensation for loss of enjoyment of life.
Punitive Damages: Holding Drug Companies Accountable
When pharmaceutical companies knowingly conceal risks, falsify safety data, or act with extreme negligence, courts may award punitive damages. Unlike economic and non-economic damages, which focus on compensating the victim, punitive damages serve as a punishment for the drug manufacturer and a warning to deter similar misconduct in the future. These damages are often awarded in cases where a company deliberately misled regulators, ignored safety concerns, or put profits ahead of public health.
Pursuing Maximum Compensation for Your Case
Every dangerous drug case is unique, but large settlements and jury awards are common, particularly in class action lawsuits where multiple victims join together against a negligent drug manufacturer. If you or a loved one has suffered due to defective medication, an experienced attorney can evaluate your case and fight for the full compensation you deserve.
Why Choose Bretz Injury Law?
Filing a dangerous drug lawsuit means going up against a powerful pharmaceutical company with vast legal and financial resources. These corporations have teams of attorneys whose job is to minimize their liability and avoid paying fair compensation to victims. To level the playing field, you need a skilled and aggressive legal team that knows how to take on major drug manufacturers and win. At Bretz Injury Law, we are committed to fighting for your rights and securing the compensation you deserve.
Decades of Experience in Product Liability Cases
When choosing a law firm for your dangerous drug lawsuit, experience matters. At Bretz Injury Law, we have spent decades handling complex product liability cases involving defective medications. We understand the tactics used by pharmaceutical companies to deny responsibility, and we know how to counter them effectively. Our deep knowledge of FDA regulations, drug testing procedures, and pharmaceutical litigation allows us to build strong cases on behalf of injured clients.
A Proven Track Record of Success
Our results speak for themselves. With a 98% success rate in cases we pursue, we have helped countless clients recover the financial compensation they need to rebuild their lives. We take pride in our ability to secure justice for injury victims, and we do not back down when corporations try to avoid accountability. Whether through negotiated settlements or courtroom trials, our firm is prepared to fight for maximum compensation on your behalf.
No Upfront Costs — You Only Pay If We Win
We understand that after suffering an injury from a dangerous drug, financial concerns can add to your stress. That’s why we operate on a contingency fee basis, meaning you pay nothing upfront. We only get paid if we successfully recover compensation for you. This allows you to focus on your health and recovery while we handle the legal battle. With Bretz Injury Law, you don’t have to worry about legal fees — we are invested in winning your case.
Injured by a Dangerous Drug? Contact Bretz Injury Law Today
If you or a loved one suffered serious health complications after taking a dangerous drug, don’t wait to take action. Pharmaceutical companies have teams of lawyers working to minimize their responsibility — you need a dedicated legal team fighting for you. The sooner you act, the stronger your case will be, and the better your chances of securing the full compensation you deserve.
Call Bretz Injury Law at 620-RESULTS or contact us online for a free consultation. We don’t just take on big drug companies — we hold them accountable. Let us fight for your rights, your recovery, and your future.
