Did you or someone close to you suffer harm after taking a prescription drug? You might feel unsure about what caused the problem or who to hold responsible, but you don’t have to figure it out alone. A lawyer from Hunt Law Firm can review your situation, explain your options, and help you decide what to do next. Contact our team today to arrange your free initial consultation. It costs nothing to speak with someone and find out where you stand.
What Makes a Prescription Drug Defective?
A prescription drug is defective if something about it makes it unsafe to use as directed. This can happen in several ways. For example, the drug manufacturer might make a mistake during production that changes the drug’s contents. If the drug has an inherently unsafe design, it might cause serious side effects even when taken correctly. Sometimes, drugs become dangerous if their labels leave out important warnings or instructions. These problems can lead to illness, injury, or worse.
Common Types of Prescription Drug Defects
Problems with prescription drugs often fall into one of a few main categories. Below are some of the most common ways prescription drugs turn out to be defective:
- Contamination During Manufacturing: A drug might pick up harmful substances like mold, bacteria, or even bits of metal or glass if something goes wrong at the factory.
- Unsafe Design: Some drugs carry risks that outweigh their benefits, even when made and used as directed. These flaws often appear after many people start using the drug.
- Incorrect Dosage Information: If a label has incorrect instructions about how much to take, patients can use too much or too little, leading to overdose or treatment failure.
- Missing Side Effect Warnings: Drug makers must list known risks. If they leave out side effects that doctors and patients need to know, people can get seriously hurt or sick.
- Undisclosed Interactions: Some drugs can react badly with other medicines, foods, or conditions. If labels don’t warn about these interactions, the drugs can cause harm.
- Defective Delivery Systems: Sometimes, the issue isn’t with the drug itself but with how it gets into the body, like an inhaler or auto-injector that doesn’t work properly.
Examples of Defective Drugs Involved in Lawsuits
Many people have filed lawsuits after taking drugs that unexpectedly caused them harm. For example, thousands of people took legal action over the heartburn drug Zantac after studies linked it to cancer. Others sued over Vioxx, a painkiller that reportedly increased the risk of heart attacks. Lawsuits also targeted the anti-psychotic drug Risperdal for causing excess growth of breast tissue in men. In each of these cases, people claimed that drug makers failed to warn about serious risks. Some lawsuits also pointed to problems in how the drugs were made.
Liability for Defective Prescription Drugs
Manufacturers are responsible for making sure their products are safe and include proper warnings. As a result, drug makers are often primarily liable for prescription drugs that turn out to be defective. However, other parties can also play a role in defective drug cases. For example, liability could rest with a distributor that stored or shipped a drug in unsafe conditions or a pharmacy that gave the wrong instructions to a patient. In some cases, even a doctor might be at fault. A lawyer can look at the full picture and figure out whom to hold accountable, which might include one company or several parties working together in the supply chain.
What to Do If You’ve Been Harmed by a Defective Drug
If a defective prescription drug has harmed you, taking the right steps early on can make a difference in your compensation claim. Here’s what you should do:
- See a doctor right away and follow the treatment plan they recommend
- Ask your doctor to note in your records that a drug might have caused your condition
- Tell your pharmacist and ask if they’ve heard of other problems with the drug
- Keep the medication, packaging, and receipts in a safe place
- Avoid throwing away anything related to the drug, including warning labels or inserts
- Write down what happened, including your symptoms and when they started
- Talk to a lawyer who handles product liability cases to understand your legal options
How New Mexico Law Addresses Dangerous or Defective Drugs
Defective drug claims fall under product liability laws in New Mexico. People can take legal action if a drug causes them harm due to a flaw in how it was made, designed, or labeled. State law doesn’t require the person to prove the company meant to cause harm—only that the drug was defective and that defect led to injury. New Mexico gives people affected by defective drugs three years to file product liability claims. If you wait too long to file your claim, you could lose your right to demand compensation. This is why it’s so important to speak with an attorney as soon as possible after learning that you might have a legal claim.
How a Lawyer Can Help in Your Defective Drug Case
Defective drug cases often involve large corporations, complex medical and legal details, and strict deadlines. However, you don’t have to handle all of this on your own. A skilled product liability attorney can support your claim and help you move forward by:
- Reviewing your medical records to see how the drug affected your health
- Gathering evidence indicating that the drug caused your injury or illness
- Identifying every party that might be legally responsible for the harm you suffered
- Researching past cases or recalls involving the same drug
- Working with medical experts to support your claim
- Filing your claim within New Mexico’s legal deadlines
- Responding to requests from insurance companies or drug makers
- Talking with the drug company’s legal team on your behalf
- Negotiating a fair settlement that reflects what you’ve gone through
- Taking your case to court if the other side refuses to settle
Contact a New Mexico Product Liability Attorney Now
If a defective prescription drug has harmed you or someone you love, don’t wait to get answers. Contact Hunt Law Firm for a free consultation to start exploring your legal options.