Aurora Dangerous Drugs Lawyer
Most people assume that prescription and over-the-counter medications that medical professionals prescribe us are safe. Unfortunately, that is often not the case. Sometimes there is something about a person’s metabolism, genetics, or medical history that causes a drug to harm them. Other times, the drug itself was not tested adequately to ascertain all its potential effects, especially over the long term. Some drugs are also approved too quickly and must be pulled from the market when it is discovered that the harm they cause outweighs the intended benefit.
If you have had an adverse response to a particular drug or suffered long-term side effects, it is wise to consult a knowledgeable attorney to learn whether you could seek money damages. An Aurora dangerous drugs lawyer will review your case with you and let you know whether a lawsuit could be successful, based on your specific experiences and circumstances.
Holding Drug Manufacturers Accountable
If there is a defect in a drug that is, or was, on the market, anyone who suffered an injury because of the defect may assert a claim under strict liability. The person who suffered the injury does not need to prove that the manufacturer (the defendant) was negligent. If the plaintiff can demonstrate a defect in the design, manufacture, or marketing of the drug, that is enough to hold a manufacturer liable.
However, there are defenses a manufacturer could assert to defeat a strict liability claim. The manufacturer might argue that a plaintiff did not use the drug as prescribed or recommended, and that the manufacturer could not have anticipated the way the plaintiff misused the drug. A manufacturer might assert that the warning labels gave the plaintiff fair notice about the risks of the medication, and the plaintiff was willing to assume the risks. An experienced injury attorney could anticipate such attacks and be prepared to demonstrate that the manufacturer or other people in the supply chain are responsible for the plaintiff’s injuries.
Beware of the Statute of Limitations
Colorado law gives a plaintiff seeking damages for personal injuries two years to file a lawsuit. This two-year limit typically begins running at the date of the injury, but when a person suffers side effects or complications from a medication, the injury may not be apparent immediately. It is also possible for a patient to not realize that a symptom they are experiencing is related to a drug.
In response to this reality, Colorado has adopted a so-called “delayed discovery” rule, C.R.S. §13-80-108. This law starts the clock on the statute of limitations at the time a reasonably diligent plaintiff would understand that they had an injury that was likely caused by someone else’s wrongdoing. Note that this is not necessarily the date the plaintiff discovered the injury, but the date that they learned that the injury could have been connected to their use of a medication.
When a patient realizes that a symptom or injury may be related to a dangerous drug, it is important to talk with a local legal professional right away. A diligent injury lawyer could assess how much time the patient might have to file a lawsuit, help protect the patient’s right to sue, and assist the patient in acquiring the documentation they will need to bring a successful lawsuit.
Get in Touch with an Aurora Dangerous Drugs Attorney Today
Pharmaceutical companies have tremendous resources and they fight vigorously to protect their assets. It takes a strong, serious, legal professional to stand up to them and get justice for a plaintiff who suffered harm from their product.
Luckily, An Aurora dangerous drugs lawyer is eager to represent you and get you all the compensation you deserve for your injuries. Contact the office today to schedule a complimentary case review.