If you were prescribed a drug that you should not be on, the effects can be life-threatening. Whether the drug reacts poorly with other medications you are on, causes an allergic reaction, or is the wrong dose for your needs, if it causes injuries, you may have options. When you take a dangerous drug as a result of a pharmacist, doctor, or manufacturer’s negligence, a practiced personal injury attorney can hold them liable for your damages. After the diagnosis, call a Mercer County dangerous drugs lawyer for advice on your next steps.
What is a Dangerous Drug?
A dangerous drug can be one that you receive as a prescription or an over-the-counter medication that was not labeled properly. Injuries resulting from taking a dangerous drug can include a heart attack, kidney failure, life-threatening anaphylaxis, and wrongful death.
Starting a dangerous drug lawsuit is not a simple process since determining who is at fault can be complex. Your injuries may be the fault of the doctor prescribing the medication, the pharmaceutical company, the pharmacist filling the prescription, or the United States Food and Drug Administration (FDA). Because there are several paths that a drug may travel before it reaches you, an experienced Mercer County dangerous medications lawyer can help you assess who should be named in your claim.
The Duty of Care Owed to You as A Patient in Mercer County
Based on who you are filing a claim against, the duty of care may vary. For example, if filing a claim against a doctor, you must show that their negligence in prescribing the drug caused you harm. Negligence can be established by proving the following:
- The doctor owed you a duty of care as his or her patient
- The doctor breached that duty of care by prescribing a harmful medication that another doctor under the same conditions would not have prescribed
- The breach caused you harm upon taking the medication
- You are now seeking damages because of your injuries
When is the U.S. FDA at-Fault?
The FDA is a government agency that regulates and determines the safety of drugs prior to their release. It is almost impossible to bring a claim against the FDA, because of the legal doctrine of sovereign immunity. Because they are a government agency, they are immune from civil or legal action, unless they consent to be sued. If there is consent, it may be because someone acting on their behalf commits a tort or a civil infraction.
A Pharmacist’s Duty of Care
Like doctors, pharmacists also have a duty of care to patients. Pharmacists possess the knowledge and experience to understand when certain drugs are not compatible with others. A pharmacist has a duty to warn of potential side effects and harmful drug interactions and to catch errors made by a physician. A pharmacist may breach their duty if:
- They dispense the wrong medication to a patient
- The prescription is read incorrectly
- An error is made by a member of the staff filling the prescriptions
Class Action Lawsuits
Filing a class-action lawsuit may be an option if you find that you are not the only person who has suffered injuries at the hand of the same pharmaceutical company. This saves time in the legal system and may lead to a speedier settlement by being able to address a group of individuals at once instead of many lawsuits. A dangerous drugs attorney can help when dealing with pharmaceutical companies with large legal departments.
However, suing a pharmaceutical may not be the best approach. The Supreme Court ruled that individuals are preempted from suing pharmaceutical companies, whose drug has been approved by the FDA. Mutual Pharmaceutical Co. v. Bartlett, 570 U.S. (2013). Again, you should consult a Mercer County dangerous drugs lawyer to determine whether your case qualifies for a class-action lawsuit.
Speaking with a Mercer County Dangerous Drugs Attorney
Dangerous drug injuries are not something that anyone should take lightly. Getting a Mercer County dangerous drugs lawyer involved early in your case can take the pressure from trying to handle your case on your own. Contact a lawyer before time runs out.
Testimonials
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This team is incredible. They are friendly and knowledgeable. I appreciate everything they have done for me and would recommend them to anyone. Overall great experience
Testimonial from Paul D. -
My case settled recently after lasting 4 years. Grungo and Colarulo’s law firm were able to secure a large settlement award for my slip and fall accident. This money will help secure my future for the permanent injury I received as a result of the slip and fall. Everyone was very caring, and kept me informed throughout the entire process. Christine Lafferty is an excellent litigation lawyer. I highly recommend using them if you have been injured or in an accident. I hope I am never in a situation again to need their services, but I know who to go to if I, or any of my family members are ever injured. Thanks Grungo and Colarulo and staff for your compassionate service!
Testimonial from Pamela A. -
Thank you so much Grungo and Colarulo for helping me with my case. Special thanks to Erica Domingo, Esquire and her team. Erica Domingo and her team was very nice and helped me tremendously throughout my case like more than one year and half. They gave me the right advice and guided me through every step of my case. They gave me prompt and clear responses to all my questions. In addition, Erica and her team provided me with all the what if scenarios so that I can have a clear vison of the steps ahead.
I would definitely recommend Grungo and Colarulo.
Thanks again Erica Domingo, Esquire and her team
Testimonial from Ahmed A. -
My wife and I reached out to Grungo Colarulo in 2020 for advise on a legal matter. After a meeting with the Attorney and Paralegal, we decided to go forward with a case. This case required a lot of documentation, and expert review of the documentation which was aquired. Throughout the process, we were kept up to date monthly, and Grungo Colarulo was always responsive to any questions that we had. The entire staff at Grungo Colarulo are very professional, caring, and willing to go the extra mile. This firm is a definite recommend!
Testimonial from Patrick G. -
I left five (5) stars only because that’s as many as I could leave. If I could, I would have left 100 stars. Bob & Christine are the absolute best! My settlement far exceeded what I ever imagined. They are professional, friendly, and really listened to what I had to say. They kept me up to date with the progress of my case every step of the way. I can’t recommend them highly enough.
Testimonial from Sheila L. -
Very professional, communicates well, makes me feel like they have my best interest at heart, and overall just a great company. Christine and the whole team has been on top of everything. Would definitely recommend!! 10/10
Testimonial from Michael M. -
First and foremost I would like to thank the whole team at Grungo Colarulo!! In addition to that, Stephanie & Riley & Drenna have done such an outstanding job taking care of me in such a difficult and low point of my life. I was in a bad car accident & did not know how to move forward with what to do and how to process. Those ladies were there every step, every inch, every mile & beyond with helping me when I had no idea how to navigate. I will forever be thankful for them and for the outcome of my case! If you ever need assistance I highly recommend this practice!!! Beyond professional, helpful, precise, caring, knowledgeable & humble!!!
Testimonial from Rachel F. -
From my first phone call to the end of my case this firm was on the ball!! Always responsive and professional and kept me up to date and informed. This is my firm for any future needs!
Testimonial from Jeffrey F. -
This was my first time ever having to have a lawyer for an automobile accident. From the beginning they took care of everything. They put me at ease so I could concentrate on my medical needs. Everyone I spoke to during the process were always extremely pleasant and knowledgeable.
Thank you to Grungo Colarulo for representing me and getting the settlement you did to help me move forward. I would highly recommend Grungo Colarulo to anyone who wants outstanding legal representation.Testimonial from Pat G. -
This team has been nothing but gentle an generous. Being as this was my first time dealing with a worker’s compensation case I was lost and nervous. But the Grungo Colarulo team has made me feel as comfortable as possible. My needs were addressed with care in a timely fashion. I knew what was going on every step of the way.
Oh, did I mention, WE WON …This teams knowledge of the industry is TOP NOTCH!
Testimonial from Aminah M. -
A dear family friend referred us to a young attorney named Rich Grungo, Jr. We wanted answers and if necessary, justice for our father. From day one of a five-year journey, Mr. Rich Grungo, Jr. made our family and our pain his own. The man never stopped working for us. He kept us informed every step of the way. Questions were answered quickly and with great compassion and expertise. Even though Rich was always busy, he was never too busy for us. We always felt like we were his only clients
Testimonial from Mickey -
I had the opportunity to observe Mr. Grungo work in this case, both in the courtroom on the technical matters of the motions and also as his presentation to the jury in opening and presenting witnesses as well as utilizing animations… and drawings and films that were necessary for a proper understanding of the case…At all times during the presentation, Mr. Grungo operated mostly without notes and questioned the witnesses in a conversational manner which made it most effective. **
New Jersey Superior Court Judge Testimonial -
Thank you for everything. I honestly felt like you treated my son like he was your own son, for that I am grateful. I would recommend your services to anyone. Thanks for being so awesome to both of us.
Testimonial from HD -
It was a pleasure working with Bill. He constantly kept me informed. I would recommend Bill and his firm to anybody I know. They’ll be in good hands.
Testimonial from Gregory -
I had the opportunity to retain Mr. Colarulo for a vehicle accident I encountered. I give him my highest recommendation for anyone in need of an excellent Personal Injury Attorney. Not only does he have an in depth knowledge of the legal field, but he emanates a sense of trust-worthiness that makes you feel secure during the entire process. Mr. Colarulo has the knowledge, drive and enthusiasm that will get the job done for you. He comes highly recommended.
Testimonial from Denise -
Hi Rich, Well I’m on my way up to college to finish packing my son’s stuff up and to go to his Graduation tomorrow. It’s hard to believe how fast and how slow, at the same time 5 years can go by. I was just thinking of you as I am getting ready to leave and wanted to thank you once again for everything you have done for my son’s future. You are a good and just man. God Bless to you and your family.
Be Well,
Testimonial from Bob
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