Filing a Lawsuit Against Lipitor Manufacturers, Distributors & Marketers

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It can take years for the public to find out about the dangers of pharmaceutical drugs. The main types of drug-related product liability claims arise from:

  • Defectively manufactured pharmaceutical drugs
  • Drugs that have dangerous side effects
  • Improper marketing of a pharmaceutical drug

For example, Lipitor and other cholesterol-reducing drugs have been linked to dangerous side effects such as serious muscle, kidney, and liver damage. There are three basic things you need to prove in a products liability lawsuit involving pharmaceutical drugs.

  • That you have suffered an injury
  • That the drug you took was defective or improperly marketed
  • That the defect or improper marketing was the proximate cause of your injury

If you have been injured because of taking Lipitor, or any other drug, it is critical to include all potential defendants:

  • Pharmaceutical manufacturer: The company that manufactured the product.
  • Testing laboratory: Drugs usually go through a series of tests before entering the market.
  • Pharmaceutical sales representatives: Market drugs to doctors and make recommendations about their uses.
  • Doctor who prescribed you the drug: A doctor can be liable for injuries caused by the drug if he or she failed to warn a patient about potential side effects or failed to provide adequate instructions.
  • Hospital or clinic where the medication was prescribed.
  • Pharmacy: Lawsuits can be brought for actions like including mislabeling a prescription or issuing the wrong dosage. The pharmacist's counseling regarding use of the drug that injured you may constitute an additional basis for the pharmacy's liability. Many Florida courts have applied a professional negligence standard to pharmacists, which extends liability to discretionary errors. Some courts still apply a breach of warranty standard or apply the voluntary undertaking doctrine, which means that if a person acts, even when not required to, he or she must do so reasonably.

Class action suits can be appropriate where a drug has injured many people. An attorney will be able to advise you on whether you can or should join a class action suit that already exists.

Posted in Personal Injury