dangerous defective drugs

El Paso Dangerous Drug Lawyer

Have you taken a prescription or over-the-counter drug and suffered serious, unexpected side effects? Was your loved one exposed to a medication that ultimately proved fatal? Whether it was you or a loved one who was adversely affected by a dangerous drug or medical device, you should speak with our knowledgeable El Paso dangerous drug lawyers as soon as possible.

At the Law Offices of Michael J. Gopin, PLLC, we know how harmful medications and defective medical devices can upend your life. You may feel overwhelmed and angry. It wasn’t your fault, but now it’s your problem.

Please know that you are not alone in your fight for justice. Call us today to find out how our skilled drug injury lawyer in Texas can help you. The consultation is free, and there is no charge unless we recover compensation in your case.

How Does a Drug Become Dangerous?

Pharmaceutical companies have to market their drugs not only to consumers, but to doctors and healthcare professionals, as well. Too many of these drug manufacturers place more focus on this advertising than they do on adequately testing their drug. When that is the case, the drugs may be rushed out to consumers without thorough testing. Patients may suffer from severe side effects and unexpected reactions. In the worst cases, dangerous medications can lead to wrongful death.

Who Is Liable When an Unsafe Drug Hurts Consumers?

Determining liability in dangerous drug cases is difficult. There are many instances, though, in which drug manufacturers can be held liable.

If the drug was manufactured incorrectly, the drug company can be held responsible. For example, if the manufacturing process was flawed and too much of a harmful ingredient got into the drug and caused overdoses or illness, the drug manufacturer can be held liable.

Like any other manufacturers, drug companies also have a responsibility to ensure that the consumers who use their products will be kept safe while doing so. If the drug company fails to warn of the inherent dangers associated with the product, such as side effects, it can be held liable.

Many drugs have certain side effects that can be considered dangerous, particularly if they will interfere with a condition the patient already has. When a drug manufacturer has warned of these side effects, they typically cannot be held liable for any illness the drug causes. However, if the doctor prescribing the drug did not warn the patient of the dangerous side effects, or did not realize that the drug would interfere with a pre-existing condition, the doctor can be held liable.

Proving Liability

There are three ways drug companies can be held liable for unsafe drugs: manufacturing errors, design errors, or failure to warn of dangers such as side effects.

Proving liability in dangerous drug lawsuits is very difficult. You first must determine how the manufacturer was negligent and then prove that negligence caused your injuries. Our lawyers have the skills and the resources to take on large drug manufacturers, investigate what happened in your case, and prove how the dangerous drug has harmed you. You can count on your team to fight fiercely on your behalf.

Compensation When You’ve Been Harmed by a Dangerous Drug

If you have been hurt by a dangerous drug, you deserve compensation for your injuries. There are many different types of damages that you can pursue through a dangerous drug lawsuit.

  • Medical expenses: You will likely have many types of medical expenses after being harmed by an unsafe drug. You may have had to go to the emergency room, and you may even require lifelong treatment for serious conditions such as cancer or liver damage. An attorney from our law firm can help you determine not only what your current medical expenses are, but what your future medical expenses will be, as well.
  • Lost income and reduced earning capacity: Due to the severity of your injuries, you will likely miss time from work. You can also claim damages for past and future lost income. If you can never return to work, or cannot return to the same line of work, you can also include a loss of future earning capacity within your claim.
  • Pain and suffering: Not all losses can be easily calculated based on bills and paystubs. Still, physical and mental pain and suffering can severely impact your life. Our knowledgeable product liability lawyers will help you account for this type of damage in your claim for full and fair compensation.
  • Wrongful death damages: If you have lost someone due to a dangerous drug, which tragically happens far too often, you may also be able to claim funeral and burial expenses, as well as the lost income if you were dependent on that person.

Time Limit for Filing a Dangerous Drug Lawsuit

All personal injury claims in Texas have a statute of limitations, and those involving dangerous drugs are no different. This is the time limit you have to file your claim. In Texas, the statute of limitations is two years from the date of your injury. If you don’t file your claim before this time, you will be barred from receiving compensation as the courts will likely throw your claim out.

However, there is often an exception to the statute of limitations in dangerous drug cases. This is because unsafe drugs often cause health problems that cannot be detected right away, such as liver conditions or heart problems. Due to this, when unsafe drugs cause these types of health problems, patients may have two years from the date of discovering the injury to file their claim.

People often think that two years is a long time to file their claim, but it’s not. This is especially true in the case of dangerous drug claims. An attorney will need to conduct an investigation and collect evidence to prove your claim. This is difficult in any personal injury case, but it’s even more so in dangerous drug cases.

These claims often involve talking to drug companies, their insurance companies, and their lawyers. These teams often won’t cooperate with your attorney and will not immediately produce documents, such as test results, when asked. They hope that by stalling your claim, the statute of limitations will run out and you will be barred from receiving compensation.

At the Law Offices of Michael J. Gopin, PLLC, our attorneys know how to overcome these obstacles and fight aggressively for the compensation you deserve.