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When your doctor prescribes a medication for a disease or condition, he or she should warn you about any possible side effects, and these side effects should also be included on the drug’s labeling information. Unfortunately, many people suffer or even die due to adverse reactions to or side effects from medications that they were not warned about.
If you or a loved one took prescribed medication and suffered from undisclosed negative effects, consider discussing your situation and legal options with a Trenton dangerous drugs lawyer. If retained, a committed personal injury attorney could work tirelessly to gather evidence on your behalf and help you pursue a successful claim.
What Drugs Are Considered Dangerous in Trenton?
Many drugs on the market have a history of dangerous side effects. Some well-known medications with a history of lawsuits based on injuries and adverse effects include:
- Abilify – mental/mood disorder treatment that might cause compulsive behavior
- Ambien – sleep aid that could cause memory loss and/or sleepwalking
- Fluoroquinolone antibiotics – linked to strokes and heart attack
- Taxotere – chemotherapy drug linked to permanent hair loss
- Xarelto – blood thinner that might cause internal bleeding
Potentially Harmful Non-Prescription Drugs
Not all dangerous drugs are prescribed, however. Although many consumers may think over-the-counter medicine is safe, there are numerous examples of these commonplace medications—including cold medications, pain relievers, and weight loss drugs—causing serious injury and even death. This is especially true when these substances have been mixed with other drugs.
Liability in Dangerous Substance Cases
While harmful substance injuries sometimes occur due to serious side effects or the inappropriate mixing of medicines, many incidents are the result of errors by the designer, manufacturer, physician, or pharmacy. For example, the wrong dosage of a medication could result from carelessness in either the doctor’s prescription or the way the pharmacy filled the order.
These types of mistakes could serve as a basis for the legal theory of negligence, which an attorney could use to fortify a dangerous drugs claim in Trenton. Injuries from medication might also occur due to:
- Manufacturer negligence
- The pharmacist providing the wrong medication
- A doctor prescribing incorrect medication
- Off-label prescriptions
Errors specific to the company which produced the drug may include design defects, meaning the drug was not designed properly and led to unexpected side effects, or situations at the manufacturing level resulting in the medication being contaminated. In yet other cases, deceptive marketing can play a role—for instance, if the drug company does not warn of all side effects as part of the packaging and/or labeling for a product.
The Statute of Limitations to File a Claim
Pursuant to New Jersey Revised Statutes §2A:14-2(a), a person injured by a medication should file a claim within two years of the date of the accident which resulted in his or her injury. There are exceptions to this time limit which may permit extensions, however, such as if you did not discover your injuries until after the statute has passed.
To try to avoid dismissal, however, a claimant seeking recovery for damages should ensure his or her claim satisfies the deadline established by this statute. A proactive Trenton dangerous drugs lawyer could help you gather the proper information and file your case within this timeframe.
How a Trenton Dangerous Drugs Attorney Could Help
If you or a loved one has suffered harm from prescribed medication, you may have a legal right to compensation. An experienced Trenton dangerous drugs lawyer could help you navigate the legal system as you seek recovery.
Our attorneys could help by consulting with medical experts, working to gather evidence, and handling negotiations with aggressive insurance companies. To arrange a consultation and discuss your legal options, call today.