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EPPERLY
& FOLLIS, P.C.
7 East Franklin Street
Richmond, VA 23219
1-888-703-0109
(804)
648-6480
depperly@lawyersva.com |
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Prescription Drugs
According to a 2006 report by the Institute of Medicine
(IOM), in any given week, four out of ever five U.S. adults
will use prescription drugs, over-the-counter drugs or
dietary supplements, and nearly one-third will take five or
more different medications.
The United States provides some of the best health care in
the world, yet every year at least 1.5 million people are
harmed by medication injuries, and 200,000 die due to
adverse reactions and harmful side-effects of prescription
drugs. At Epperly & Follis, we work to help victims who
sought to improve their health, but instead were injured by
the prescription drugs they relied on for relief. We know
that manufacturers of drugs and supplements can be held
responsible for sale of defective products, devices, and
drugs.
Manufacturers are obligated to make a safe product,
including the duty to design, manufacture, inspect, and
label a product appropriately. Proving that a manufacturer
of a drug supplement is responsible for a defective product
can be complicated and expensive; our attorneys have the
personnel and access to experts with the necessary
specialized knowledge concerning the design and manufacture
of defective drugs and supplements.
You may have noticed that prescription drug recalls are
often in the news. Sometimes it’s because the drugs are
rushed to market without adequate testing. Tests that most
people assume are performed by the U.S. Food and Drug
Administration are sometimes done by laboratories and are
funded by the drug manufacturer. In some instances, people
have to suffer injury or die before a prescription
medication recall is instituted. In other instances,
suffering and injuries are caused by drug dispensing errors
by nurses and pharmacists.
When a prescription injury occurs and a lawsuit is filed,
the case will be based on personal injury law and typically
fall into subcategories such as prescription negligence,
pharmaceutical injury law, product failure or medical
malpractice/negligence. Lawsuits in which the foundation is
a medication can also be based on improperly filled
prescriptions. Either a medication is prescribed that
contradicts a medication that the patient is already taking
or a pharmacist gives an incorrect medication or dosage. In
a situation such as this, pharmacists and/or doctors would
be held liable. If a person dies due to a medication, a
wrongful death case may be filed. Other times, a medication
causes serious illnesses or side effects during its
manufacturing, at which time the drug manufacturer is held
accountable.
According to federal law:
Drug manufacturers who fail to design, manufacture,
inspect and label pharmaceuticals appropriately may be held
liable. A pharmaceutical manufacturer may also be liable for
a patient’s injuries when they have failed to warn of a
drug's potential side effects or dangers.
Medical doctors, nurses, dentists, osteopaths and health
care facilities (hospitals, nursing homes) can be found
liable for deviating from the acceptable standard of patient
care.
Malpractice may exist if there is proof that a healthcare
provider placed their personal interest or that of the
pharmaceutical industry above patient’s interests. It is not
only reprehensible; it is illegal for physicians to receive
monetary or material gain for prescribing a specific drug.
If you suffered a serious injury because of a medication,
contact Epperly & Follis, PC. Our attorneys represent people
throughout Virginia who are injured because of the
healthcare system's reliance on prescription drugs.
Litigation may be the only way to receive the damages to
which you may be entitled. Such damages will likely include
lost wages, medical bills, and/or financial compensation to
heirs (in the case of a wrongful death).
Contact us for a free consultation today at 1-888-703-0109
or (804) 648-6480, or contact us via our online Contact
Form.
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