Abingdon, Bristol and Johnson City
Millions of people in this country rely on prescription drugs to maintain their quality of life—or even to survive. Consumers need to have confidence that their prescriptions will be not only effective, but safe as well. However, this is not always the case. Every day, people are injured or even die as a result of taking prescription drugs that were poorly manufactured.
If someone you love has died from what you believe was the use of an improperly made prescription drug, then you may be considering filing a wrongful death lawsuit. A wrongful death suit is filed by the estate or family of a deceased individual, claiming the death occurred because of the reckless or negligent actions of another party.
Filing a suit against another person is one thing, but filing suit against a drug company is a very different challenge. It is important that you consult an experienced attorney before pursuing a claim of this sort.
First off, filing suit against a drug company typically falls into the category of product liability law. This is because a person was injured or died as a result of taking a prescription drug, which was a product, made by the company. In this case, the company would be legally accountable for any problems with any of its products—including injury or death.
If you file a wrongful death suit against a drug company, your attorney must prove liability. This can be achieved by showing the drug was manufactured with a defect, or that the drug did not have the proper instructions for use or warning labels. Legally, drug manufacturers must provide this information to consumers. If these materials are absent or insufficient, this could constitute proof of negligence.
Not all prescription drug malfunctions can be pursued in court. In 2011, in the case of Pilva vs. Mensing, the court ruled that generic drug manufacturers couldn’t be held liable for damages caused by their products. The basis for this ruling is because once a drug is released as a generic, the FDA already has approved it. This can be a problem for any one of the millions of Americans who use generic prescription drugs because of their lower cost.
You should always consult with a wrongful death attorney when trying to prove the liability of a drug company. Legal representation on any matter of this kind is so important. The legal professionals at the Law Offices of Michael R. Munsey, PC, have the experience you want to have on your side in any wrongful death case. One of our attorneys can discuss your options and how to prove liability in a case against a drug company. We also will give honest feedback on whether a claim is valid or not, meaning a frivolous lawsuit will not be filed.
If a prescription drug has led to an injury or death of someone you care about, let the Law Offices of Michael R. Munsey, PC, fight for you and your interests. Contact our office by calling us at (276) 451-2056 to schedule a free consultation at our office in Johnson City, TN.
Representing the injured and disabled for more than 30 years, the Law Offices of Michael R. Munsey, PC, are proud to serve clients in Bristol, Kingsport and Johnson City, TN, as well as Bristol, VA