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(303) 798-8546
People turn to medications when they need relief from a wide variety of ailments. From everyday allergies to serious medical conditions, we put our trust in pharmaceutical experts to provide safe and thoroughly tested medications. Unfortunately, sometimes prescription and over-the-counter medications cause harm, and when that harm is the result of negligence, those impacted deserve compensation.
If you believe you have suffered harm because of a prescription or OTC medication, a Broomfield dangerous drugs lawyer could investigate and determine if you have a liability claim. Our personal injury attorneys could help you file a claim, negotiate settlements, and take the case to trial for a jury judgment if needed.
In Colorado, dangerous drug cases are governed by the state’s product liability statutes as well as federal law. Colorado’s Product Liability Act (Colorado Revised Statutes ยงยง 13-21-401 to 13-21-406) establishes strict liability for manufacturers, distributors, and sellers of defective and unreasonably dangerous products. At the federal level, FDA regulations provide a framework for drug approval, labeling, and marketing.
Within these frameworks, a dangerous drug is a prescription or OTC medication that poses a significant risk of harm. This risk can be due to a defect in manufacturing (such as contamination), defective design, or improper labeling.
Often, dangerous drugs, especially those that have a defective design, will face a recall when the inherent risk becomes obvious. Some examples of dangerous drugs include Vioxx (which was recalled due to a heart attack risk), Accutane (which has been linked to birth defects), and opioids like OxyContin (which have been linked to an addiction epidemic).
It is important to note that a drug is not necessarily dangerous simply because it caused harm. Due to the nature of pharmaceuticals, all medications carry some risk. In a product liability lawsuit, the drug must be shown to be dangerous due to a defect or a failure to warn. A Broomfield lawyer could help you gather the necessary evidence to show that you sustained injuries because of a dangerous drug.
Because a dangerous drugs case requires more than just causing harm, it is important to work with a lawyer who can demonstrate a defect or failure to warn. Typically, this will include a thorough investigation and collection of evidence.
Evidence may include:
A dangerous drugs lawyer in Broomfield will typically gather evidence through a variety of methods, including interviewing experts for their testimony and getting access to internal communication from the drug manufacturer or supplier to demonstrate known risks and failure to act.
Based on the strength of this evidence, a lawyer could negotiate with those responsible to get settlement offers. Compensation may include medical expenses, lost wages, and pain and suffering. It is possible that multiple parties could be held partially responsible, so a lawyer may negotiate with several different entities as part of a single case.
If adequate settlement agreements cannot be reached, the case may go to trial. Here, a jury will hear the evidence and determine the outcome.
If you have been harmed by an OTC or prescription medication, a Broomfield dangerous drugs lawyer at Arckey & Steele, Attorneys at Law, could listen to your situation and determine if you have legal grounds for a claim. Typically, you have two years from the date you discovered the harm, so reach out to us today to discuss your next steps.