Defective Drugs

The leading Maine defective drugs attorneys at Peter Thompson & Associates are renowned for their excellence in medical malpractice and product liability law. We are devoted to helping patients injured by defective drugs and other sources of negligence. Our firm provides unparalleled legal service to clients throughout Maine.

Americans consume more than half the world’s supply of prescription medication. Pharmaceutical companies with deep pockets flood the airwaves with promises that every possible medical symptom can be cured by a pill. The newest drug can receive “fast track” FDA approval by passing one study that shows it is more effective than a placebo. Pharmaceutical companies may also provide handsome incentives to physicians willing to stock and prescribe their drugs. Consumers rely upon doctors and pharmaceutical companies to improve their health. They are also the ones that must suffer serious injury in mass droves before a defective medication is pulled off the market. Each year, leading manufacturers have to recall some of their “best sellers” after the defective product severely harms the consumer.

Defective drugs can cause serious injuries, including:

  • Memory and cognitive problems
  • An increased risk of heart attack
  • Birth defects and impairment
  • Pulmonary hypertension
  • Congenital abnormality
  • Blood clots and stroke
  • Seizures and tremors
  • Femur fractures
  • Bladder cancer
  • Suicide and death

Drugs can be “defective” in many ways. They can increase a patient’s risk of injury or exacerbate an existing condition. They may have some immediate benefit, but result in illness or birth defects later on. Taken with other drugs, the prescribed medication can be rendered ineffective or even cause death. Sometimes, there is just a “bad batch” that makes patients ill and must be taken off the shelves. Patients are responsible for telling their doctors what other medications they are taking and report any adverse side effects. They should also disclose past operations, drug abuse, and medical conditions that could affect what drug is prescribed. But in most cases, patients are merely the consumers injured by a defective product.

Doctors are held to a high standard of care when prescribing medication. They have a duty to conduct a thorough patient history to determine what drug is best. Factors to consider include contraindications with other medications and the patient’s susceptibility to side effects. Physicians must also prescribe the correct dose, monitor their patients, and warn them of risks. Failure to perform these duties “breaches” the legal standard of care. Medical malpractice law holds health care providers liable for any injuries caused by prescribing a defective drug.

Manufacturers are also liable for any harm caused by the defective drug. Because they are in the best position to correct product defects and warn consumers of danger, they are strictly liable for the patient’s injury. Pharmaceutical companies have paid hundreds of millions of dollars in damages to different plaintiffs in class action lawsuits nationwide. Under the law of strict liability, injured patients do not need to prove negligence; showing harm caused by any foreseeable use of the defective product is sufficient. In addition to compensation for medical expenses, lost income, and pain and suffering, courts may also award punitive damages to punish the drug manufacturer and deter future harmful conduct.

If you were harmed by a defective drug, the experienced Maine defective drug lawyers at Peter Thompson & Associates can help. We have successfully handled all types of medical malpractice and product liability claims, helping injured patients get back on their feet. Our firm has investigators and leading medical experts known for their expertise in analyzing drug defects. Using cutting-edge technology and innovative research techniques, we can help you present the most persuasive case possible. At Peter Thompson & Associates, we are dedicated to maximizing your recovery at trial or through settlement. Call (800) 804-2004 for a free consultation or contact us online.

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