Customer Inquiry

Defective Drugs: Cause and Liability

Every single person, thing, and technology, is subject to failure every now and then. While inconvenient, we expect that we will face issues every now and then. However, what about when that failure leads to injury or death? When it comes to defective drugs, such as over-the-counter or prescription medications, the side effects can be serious, and sometimes deadly. But what causes those failures? And what responsibility does the manufacturer have when you’ve been injured at their expense?

Defective Drugs: Cause and Liability

Most commonly, people reserve medications for when they’re not feeling 100% like themselves. Therefore, you’ll usually follow the guidelines provided on the bottle, or from your doctor. We assume that the medicine is reliable, safe, and we’ve been provided the proper instructions for taking it. So, when something unexpected happens, we have a few people in mind to blame. And when that resulting injury is serious, or a cause of death, the costs can be pretty high. From pain and suffering, to medical bills— who is responsible? In short, the manufacturer is responsible.

Manufacturer responsibility for defect

As a consumer of medication, whether prescription or over-the-counter, you assume that the medicine your taking is safe, and as it’s supposed to be. But when that’s not the case, and defective drugs hinder your way of life, it is 100% up to the manufacturer to take responsibility. There is the potential for receiving payment for medical bills, pain and suffering, and so forth. While a settlement of any kind will not fix, or change, what happened to you or your loved one— it can create a financial ease while you deal with the aftermath. But, one of your first questions, will likely be: why? Why did this happen? And what was the cause?

Causes for Defectiveness

Defect in the product. One reason for defective drugs may be a defect within the makeup of the product. In some cases, it could be that manufacturers are using harmful chemicals that do not interact well with one another. While plenty of testing should warn against these issues, that is not always full proof. Furthermore, there could be a defect in the making of the drug.

Incomplete labeling. Another common cause of defective drugs is incomplete or insufficient labeling. In short, without proper labels, consumers don’t know what they are taking. Therefore, they have no knowledge of how their body may react to it, or how it may react with other foods and medication.

Insufficient warnings. Like incomplete labels, insufficient warnings can leave a consumer unaware of how to take their medicine. All medications should include a list of instructions informing people how to take the drugs. In addition, that list should also include warnings as to how not to take the medicine.

As we’ve said, no amount of money can make your pain and suffering go away. But, it can ease the financial burden of your healing. If you, or someone you know, has been the subject of defective drugs, urge them to reach out to a personal injury attorney today. After explaining the details of your product liability case, an experienced attorney will be able to help you find the right recourse. Lastly, you might not be the only person who has faced injury or death at the hands of that manufacturer. So, coming forward might just help to save someone else…

SC Man Found Dead After Working on Lawn Tractor

A 76-year-old man from Blacksburg SC has been found dead in his rock hill- orange treesyard, underneath his lawn tractor.

Construction equipment can be extremely dangerous to work on or operate for that matter. Witnesses stated however, that this particular gentleman had almost 4 decades of experience with equipment, and are still in shock over his accidental passing.

The Cherokee County Coroner has reported that the victim’s body was found underneath the tractor. It appeared as though the man had been attempting to remove the blade from the tractor hen the hoist holding up the weight of the tractor collapsed, and the tractor toppled over.

The man suffocated while he was pinned to the ground by the extremely heavy equipment.

The body was first found by a family member, hours after the man had passed away.

The death has officially been ruled an accident.

For more information on wrongful deaths and personal injuries, contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 today.

Mid-October Product Recall Update

Products are typically recalled when manufacturers recognize they have released products to the public that are likely to cause personal injury.  When you have been injured by a recalled product like a medical device, drug, or food containing an allergen or contaminant, you are very likely entitled to relief from the product’s manufacturer.  If you’ve been injured, contact our products liability attorneys immediately at 877-374-5999 or contact us at this link.  We can give you the help you need to be made whole after a product related  injury.  Below are products that have recently been recalled.

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SC Supreme Court Looks at FDA Preemption-Contact Lens Attorney

In the recent South Carolina Supreme Court decision,Weston v. Kim’s Dollar Store, the Court gave a textual read to the federal statute expressly preempting certain drug and medical device torts.  In that case, a young lady bought a pair of color contacts without a prescription from Kim’s Dollar Store and shortly thereafter lost sight in one eye.  Blindness from a color contact; can you imagine?

The statute in question is as follows:

“[N]o State or political subdivision of a State may establish or continue with respect to a device intended for human use any requirement—
(1) which is different from, or in addition to, any requirement applicable under this chapter to the device, and
(2) which relates to the safety or effectiveness of the device or to any other matter included in a requirement applicable to the device under this chapter.

The Court basically ruled that the words stand for themselves, that any common law rule of tort that would be different from or would add to the federal drug laws is preempted, and not much further.  The application of this rule was sent down to the trial court.

Read the whole opinion below the fold.

South Carolina Contact Lens Attorneys

If you or someone you know has been injured by a contact lens or any other medical device, you need legal help as you may be entitled to recovery against the product’s manufacturer.  Call the product liability attorneys of Reeves, Aiken & Hightower at 877-374-5999 for that legal help.  We have the experience to get you the best result in your situation.

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Product Recall Round-up – South Carolina Personal Injury Attorneys

Products are typically recalled when manufacturers recognize they have released products to the public that are likely to cause personal injury.  When you have been injured by a recalled product like a medical device, drug, or food containing an allergen or contaminant, you are very likely entitled to relief from the product’s manufacturer.  If you’ve been injured, contact our products liability attorneys immediately at 877-374-5999 or contact us at this link.  We can give you the help you need to be made whole after a product related  injury.  Below are products that have recently been recalled.

(more…)

Product Recall Round-Up | South Carolina Personal Injury Attorneys

Products are typically recalled when manufacturers recognize they have released products to the public that are likely to cause personal injury.  When you have been injured by a recalled product like a medical device, drug, or food containing an allergen or contaminant, you are very likely entitled to relief from the product’s manufacturer.  Contact our products liability attorneys immediately at 877-374-5999 or contact us at this link.  We can give you the help you need to be made whole after an  injury.  Below are products that have recently been recalled.

(more…)