Tulsa Pharmaceutical Liability Lawyer
The pharmaceutical industry is responsible for the well-being of millions of people around the globe. Consumers rely on prescription and over-the-counter medications for controlling or alleviating symptoms, overcoming illnesses, and warding off disease. The average consumer never expects the medications he or she takes to cause more harm than good.
Unfortunately, negligent pharmaceutical companies can design, produce, and advertise medications that are unreasonably dangerous for patient consumption. They may do this negligently, or intentionally, to make a profit. The team at Bryan & Terrill Law can help you understand pharmaceutical liability after a drug-related injury, illness, or wrongful death in Oklahoma.
Product Liability in the Pharmaceutical Industry
According to Oklahoma’s product liability laws, a consumer can sue a manufacturing or distribution company for a product that causes harm if it contains a defect. Consumers may do so without having to prove the company’s negligence or breach of duty of care. If the item had a defect, and the item caused an injury, the company will be liable. Based on these laws, a pharmaceutical company may be liable for a consumer’s injuries or illness if it released a product with one of three main categories of defects:
- Manufacturing mistakes. Pharmaceutical manufacturing facilities must adhere to stringent quality control standards during production. Even the smallest error could lead to medications that are unsafe for consumption, such as a pill with too much of one ingredient, or placing the medication in the wrong packaging. Manufacturing mistakes can make dangerous and defective drugs.
- Design defects. Some pharmaceuticals have inherent design qualities or ingredients that make them unsafe. In these cases, even proper manufacture will result in a defective product. These are “unavoidably unsafe” medications, which may have harmful side effects. Pharmaceutical companies may still develop these medications, as long as they include proper warning labels of known risks.
- Marketing errors. Drug manufacturers have a duty to warn consumers of known side effects, or of side effects the company reasonably should have known about. The company must conduct tests to understand possible side effects of a drug before marketing it to consumers. Failure to list the side effects or risks of taking a drug, resulting in consumer harm, would likely come down to company liability.
Defective and dangerous drugs pose an unreasonable risk of harm to consumers. They may not perform as intended due to a mistake during manufacturing, or they may harm patients with hidden side effects not listed on the label. If you or a loved one recently took a medication that caused an unforeseen harm, such as illness or injury due to dangerous side effects, you may be in a position to pursue a civil claim against the pharmaceutical company.
Speak to an Attorney About Pharmaceutical Liability
It can be difficult to identify the precise cause of an injury or illness in some drug-related cases, if too much time has elapsed to recover evidence. There are also statewide deadlines for filing these types of claims (two years from the date of injury). Seek help from a personal injury lawyer if you believe you have a case against a pharmaceutical company. You may be able to join an existing class action regarding a drug that has caused multiple consumers the same types of harms you’re experiencing. Contact our team for more information.