When a manufacturer does not warn the public about dangerous side effects, they may be liable under product liability law. In fact, pharmaceuticals are often the center of product liability lawsuits. As thorough as research and testing can be, sometimes side effects aren’t understood or documented. Product liability law helps to keep people safe by penalizing companies that don’t take the necessary steps to eliminate dangerous side effects or fail to warn people that they exist. Here is a bit of information on how side effects fit under product liability law and what to do when you have suffered ill effects from product liability.
Duty to Warn
A pharmaceutical company has an obligation to warn about side effects when they put a drug on the market. It isn’t expected to warn of unknown dangers, but they are expected to be an expert in the field. This means that if a reasonable pharmaceutical company should know that a harmful side effect was possible, they will be held liable even if they didn’t know. Manufacturers also have a duty to keep physicians and the public aware of newly found adverse effects. You know those commercials where the side effects seem to be never-ending? It is the duty to warn those prompts companies to make it clear all the potential side effects the drug can cause.
How to File a Products Liability Suit
The first step is to schedule an initial consultation with an experienced products liability attorney who has handled drug and pharmaceutical cases before. They can help guide you through the legal process of filing your lawsuit. Save all paperwork from doctors and specialists and provide them to your attorney. Remember, don’t talk to anyone regarding your lawsuit or agree to any terms until you have spoken with a lawyer.