The Risks and Remedies for Dangerous Drug Side Effects Leading to Severe Harm
Medication is supposed to help you heal and recover from medical issues and illnesses. However, sometimes pharmaceutical drugs result in severe and sometimes life-threatening side effects instead of providing relief. According to the Center for Disease Control, over 1.5 million people experience an adverse drug event (ADE) every year, and approximately 500,000 people require hospitalization.
If you have experienced an adverse reaction or side effect due to medication, the consequences can range from temporary discomfort to permanent disability or death. At the Law Offices of Steven Zwick, we can help you understand the risks, your rights, and the steps you can take if you or a loved one has been a victim of dangerous medication. Located in Orange County, California, we serve clients throughout Southern California. Contact us today to schedule a free consultation.
The Risks of Dangerous Drugs
Dangerous drugs refer to regulated substances that pose a significant risk of dependence, overdose, or death, and that typically require a prescription from a medical professional. Pharmaceutical companies have a duty to make sure these medications are thoroughly tested and include clear, accurate safety warnings.
However, misleading marketing, improper testing, or failure to disclose potential risks can result in unsafe prescription medications. Depending on the type of drug and its intended use, the common side effects of dangerous drugs include, but are not limited to, the following:
Accidental overdose: Improper doses of prescription medication could cause the body’s vital systems to shut down.
Respiratory failure: Some types of drugs, such as depressants or opioids, can slow breathing, which could potentially lead to a lack of oxygen or coma.
Allergic reactions: Certain medications may cause allergic reactions, including anaphylaxis, swelling, hives, or difficulty breathing.
Internal bleeding: Some medications may cause internal bleeding. This is commonly identified by unexplained bruises or heavy nosebleeds.
Organ toxicity: Some medications can adversely affect vital organs, including your kidneys. This could be indicated by yellowing of the skin and eyes, decreases in kidney function, or sudden, severe abdominal pain.
Potential risks and side effects for dangerous drugs may extend beyond what is listed on the warning labels. If you have suffered an injury, side effect, or adverse drug event due to dangerous prescription medication, contact a California personal injury lawyer who can help you document your injuries and pursue compensation.
California Law for Drug-Related Harm
Victims of dangerous drug side effects have the right to pursue compensation under California product liability law, which applies to defective products, including pharmaceutical medications. Under California Civil Code Section 1714.43, any manufacturer who knowingly distributes or sells unsafe products (including prescription medications) can be held legally accountable for the resulting harm, regardless of whether they acted negligently.
Additionally, under California’s Unfair Competition Law (UCL), codified in Business and Professions Code Section 17200, any pharmaceutical company engaging in deceptive practices, such as withholding information about side effects or marketing drugs for unsafe use, can face civil penalties.
Potential Remedies for Victims of Dangerous Drug Side Effects
If you or someone you know has been harmed by a dangerous drug side effect, there are three primary remedies you can pursue to hold the manufacturer accountable for their actions or negligence. These include the following:
File a Product Liability Lawsuit
Product liability claims are a common avenue for pursuing legal action against a pharmaceutical company that produces dangerous drugs. There are three primary bases for these types of lawsuits:
Design defect: If a drug is inherently unsafe because of how it was designed, you may have grounds for a claim based on design defects.
Manufacturing defect: This applies when a drug becomes dangerous due to errors during the production or assembly process.
Failure to warn: If a manufacturer fails to disclose known side effects or provides insufficient safety warnings, they can be held liable for the harm caused.
If you decide to pursue a product liability lawsuit, you must be able to prove that the defect or lack of proper warnings was the direct cause of your injuries. An experienced California personal injury lawyer can help you gather relevant medical records, witness testimony, and expert opinions to strengthen your case.
Seek Compensation for Damages
When pursuing a legal claim, you may be entitled to compensation for economic, non-economic, and sometimes punitive damages. These may include, but are not limited to, the following:
Medical expenses for hospital stays, surgeries, or ongoing treatments related to the harm caused by the drug.
Lost wages for time missed at work due to your injuries or prolonged recovery periods.
Pain and suffering, which accounts for the physical pain and emotional distress caused by adverse reactions to prescription drugs.
Punitive damages in cases where drug manufacturers acted with willful disregard for consumer safety.
Under California law, you generally have two years after the date of the injury or the discovery of the injury (in medical malpractice cases) to file a claim. Failure to file within this window will typically bar you from recovering any compensation.
Participate in Class Action Lawsuits
Sometimes, joining a class action lawsuit may be the most effective path to pursuing compensation. These lawsuits bring together numerous plaintiffs who have suffered similar harm from the same drug. Class actions allow you to pool resources with other victims and collectively hold the at-fault pharmaceutical company accountable.
However, it’s important to consult with an experienced personal injury attorney to determine whether joining or opting out of a class action lawsuit is in your best interests.
Contact Our Experienced Personal Injury Attorneys in Orange County, California, Today
Prescription medication should help you recover from an ailment or injury, not result in additional harm. If you have suffered an adverse side effect from a dangerous drug, you have the right to pursue compensation.
At the Law Offices of Steven Zwick, we are experienced in helping dangerous drug victims file comprehensive claims and holding pharmaceutical companies accountable for the harm they cause. If you or someone you know has suffered an injury due to dangerous drug side effects, contact us today to schedule a free consultation.
We proudly represent clients across Orange County, California, including but not limited to Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Woods, Lake Forest, Los Alamitos, Newport Beach, Orange, Placentia, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda.