If you've been injured by a defective drug, you may have the right to file a personal injury and product liability claim. In many instances, what seems to be a simple claim may go beyond insurance agencies and result in a defective drug lawsuit. Knowing what you can claim under these circumstances may be helpful to both you and your attorney.
Things to consider and claim
An injury from a defective drug or device can cause time lost from work, unexpected expenses and a loss of ability to perform basic tasks at home. Medical bills pile up and future medical bills loom in the future. These considerations form a basis for the following types of claims:1,2
- Hospital costs
- Physician and surgeon costs
- Prescription costs
- Pain and suffering
- Loss of enjoyment
- Wage loss
- Mileage related to medical visits
- Expenses for injury-related permanent disability or long term impairment
- Estimated future medical costs
Medical bills and other losses prove the extent of your harm and are important bits of information in determining personal injury, product liability and defective drug case settlements.
One unique claim involves loss of consortium.3 Loss of consortium is rooted in old law, but related to a claim by one spouse that due to an injury they cannot have normal sexual relations with their partner. Mental distress can also be part of this claim.
Who can make these claims
Depending on the circumstances surrounding an injury, a person other than the injured patient can make or file defective drug claims. They include but are not limited to the following:
- Parents of injured babies
- Estates of deceased victims
- Children of deceased or injured parents
Under federal law, companies are required to make their drugs and devices safe and effective.4 Users of drugs should not be subject to any undue risk for harm; however, injuries from defective drugs happen every day. For those thinking about filing a lawsuit for injuries caused by defective drugs and devices, contacting an experienced attorney for legal advice is a good first step.