Can I Sue If a Drug Causes Bad Side Effects?

Have you ever wondered whether or not you could sue or hold a pharmaceutical company liable if a drug causes bad side effects? My name is David Salazar and I’m here with the Safety Guardians. In my Facebook group and on my YouTube channel, we discuss these types of things all the time.

Today, I want to give you some insight on this specific topic, which someone asked about in my group earlier this week. It’s not an easy question to answer. And the reason why is because it’s a two-headed monster.

 

Pharmaceutical products vs. medical devices

A lot of people get pharmaceutical products and medical devices mixed up. They are completely different things. A medical device is an actual device or part that is used on you. For example, an IVC filter or a hernia mesh. Pharmaceutical products are drugs that are prescribed to people.

With pharmaceutical products, you can absolutely hold a manufacturer liable and get compensated for this. However, it is not easy. Let me explain. There are products out there that have known side effects and they disclose these things to you.

 

About side effects

If they fail to disclose the side effects to you, that’s a different story. A lot of times, these pharmaceutical companies put something out there and say that there are these known side effects. However, they’ll fail to mention other potential harmful side effects that could be extremely dangerous. In those instances, you can absolutely hold the pharma companies accountable.

 

How pharma companies respond

You need to realize that your damages should be pretty significant because no attorney is going to take a look at your case unless your damages are huge. And the reason why is because pharma companies have massive resources. They have endless amounts of resources to defend their cases.

And on top of that, they have all these studies that basically back everything, saying that, “Oh, well, even if this did happen, it was a very isolated incident.” Be careful when you do that.

 

Power in numbers

If you take a look, there are a lot of drugs out there right now that have bad side effects that were not disclosed before. And they are actually being litigated right now because they’re being litigated en masse. There are thousands of people who experienced problems with them. And with these thousands of people, there is power in numbers.

The pharma company will say, “We should probably do something because there are hundreds of thousands of people who were affected by this.” That is not necessarily the case when only one person or 10 people are affected.

They do what’s called a cost/benefit analysis and they basically say, “Oh well, it’s not worth it for us to actually pay this. We’ll litigate and they’ll lose because we have more money than they do.”  So it’s something that needs to be looked at carefully.

 

If you have questions

If you have a question about something like that, I’d love to help you out with it. My name is David Salazar. I’m an attorney based in Houston, Texas and I practice all over the country.

We handle pharma cases, we handle defective products cases, and we handle product liability cases. You name it. We take a look at it as long as it’s basically going after a big manufacturer and somebody has been severely injured. If you have any questions, let me know. I look forward to talking with you soon.