Medical drugs are chemical substances that can have effects on the human body other than their original intention. For example, corticosteroids are meant to help people suffering from pain and inflammation; they would be injected into a person’s body in particular areas of the body (such as the spine) that need treatment. Unintended results include paralysis and the loss of vision. Other drugs can also have negative, sometimes undiscovered side-effects. If you feel you are suffering because of a drug, you’ll need to contact an experienced injury lawyer in Brooklyn.
Although the FDA does its best to allow only “safe” drugs on the market, the governing body’s definition of “safe” is that its benefits outweigh the risks. This means one can still suffer from unexpected side-effects of medicines. These side-effects are of an internal nature and can be often expensive to treat. That why you need to hire a skilled Brooklyn personal injury attorney like a legal professional from the Law Offices of Joseph M. Lichtenstein. Such a professional would be able to help you file a personal injury claim for defective drugs.
There are several hurdles that you need to meet to win your personal injury case. First, you’ll need to prove that you were taking the drug properly. Improper usage of drugs like increased dosage and incorrect application can cause injury and even death. If the side-effect was caused by your mistaken usage, then you can’t file a personal injury case. This also extends to why it was used. If you were using a drug for purposes other than it was designed for, you won’t be able to claim personal injury compensation.
Second, the side-effects weren’t previously noted on the packaging. The FDA often places warnings on drugs that may have potential side-effects. This gives patients a fair warning of their chances. If a person still takes the drug, it would be assumed that they were well aware of the risks and thus they can’t file a claim. It should also be proven that the side-effects were caused by the drug and not by another source. A personal injury lawyer may have to consult with experienced doctors and have you examined for this to be considered true.
The final factor to consider is if you have experienced physical or financial loss because of the drug. For instance, if you’ve lost work because of an unintended consequence such as paralysis, you’ll want recompense. Drug side-effects on babies can also be litigated for; if a baby is born with a birth defect resulting from the mother’s usage of a defective drug, then you can file a case against the manufacturer.
(Source: FDA Drug Safety Communication: FDA requires label changes to warn of rare but serious neurologic problems after epidural corticosteroid injections for pain, FDA)