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South Carolina Defective Drug Injury Lawyers
Experienced medical product liability attorneys
We rely on medication to make us well, and in some cases prolong our lives. When you have taken a dangerous drug and suffered an adverse effect because of it, you need a South Carolina product liability lawyer who can fight on your behalf. McGowan, Hood, Felder & Phillips represents clients in medical product liability litigation. With offices throughout the state and large-scale resources at our command, we will work together to create strong and aggressive strategies designed with your best interests in mind.
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Dangerous drug claims the firm is currently handling
Any drug that is administered or taken incorrectly can have dangerous side effects. Some drugs, however, pose greater risks than others, even when taken the way your doctor recommended. Some of the dangerous drug claims the firm is currently handling include:
- Valsartan. Valsartan is a drug prescribed for high blood pressure and congestive heart failure. As of late, multiple batches have been recalled due to carcinogenic contaminants located where the drugs were manufactured. These contaminants could be linked to liver damage, tumors, and cancer.
- Phillips CPAP machines. Phillips recalled certain CPAP, BiPAP and ventilators in 2021 for potential cancer risk associated with degraded sound abatement foam. When the foam degrades, it can release toxic gases and particulates that could cause cancer.
- NEC from infant formula. Multiple popular cows’ milk-based formulas have been linked to necrotizing enterocolitis (NEC) in premature infants. NEC is a potentially life-threatening condition.
- Elmiron. Elmiron is prescribed to treat the symptoms of interstitial cystitis, a bladder disorder. Long-term use of Elmiron has been linked to vision loss.
- Zantac. Multiple batches of this popular heartburn medication have been recalled because of the presence of NDMA, a probable human carcinogen.
- Truvada. Truvada is used to treat and reduce the risk of HIV infection. Use of this medication has been linked to bone loss and kidney damage.
Who can face liability for injuries from dangerous drugs in SC?
When people suffer serious and sometimes life-threatening side effects from a defective drug, they may be interested in holding those responsible for their injuries accountable by pursuing compensation. Here are some of the questions an injured person who is considering taking legal action might ask:
Can I sue after a defective drug has been recalled?
You may not sue a drug manufacturer simply because a drug you have been taking has been recalled. You can, however, sue the drug manufacturer if the recalled drug has caused you an injury. Your injury and the ensuing damages are what give you grounds for legal action, not the recall.
Can I sue the drug company that manufactured the drug that injured me?
You can take legal action against the drug manufacturer when you have been injured by one of its products. Your options for pursuing compensation may include settling with the manufacturer or filing an individual lawsuit. To prevail in a defective product lawsuit against a major drug manufacturer, you need a South Carolina dangerous drug injury lawyer you can trust.
Can I sue for drug side effects?
Yes, in some cases. Drug side effects can range widely in severity from a slight skin irritation to cardiac arrest and death. In order to recover for an injury caused by an adverse side effect from a drug, one must prove that it was caused by a manufacturing defect, a design defect, or a marketing defect (also called failure to warn), such as when the instructions on the drug label do not include warnings about known complications and side effects. The injured person would then have to prove how the injury was directly caused by the dangerous drug defect.
Why are some pharmaceutical drugs recalled?
Drugs are recalled and removed from the market by manufacturers and the FDA for many different reasons. The FDA might require a manufacturer to recall a drug because of a high number of complaints or adverse event reports or a scientific study linking the use of the drug with serious health complications. A manufacturer may recall a drug if it was mislabeled, had a packaging defect, or if it was contaminated.
The FDA typically only begins to investigate allegations that a drug is defective or dangerous if patients begin reporting injuries, and therefore FDA action may take place after many innocent people have already suffered harm. A voluntary or mandated recall is not a prerequisite to bringing a successful defective drug lawsuit.
Classes of FDA drug recalls
The FDA classifies product recalls using a numerical system to indicate the relative degree of health hazard the recalled product represents:
- Class I:A situation in which there is a reasonable probability that the use of, or exposure to, a violative (offending) product will cause serious adverse health consequences or death.
- Class II:A situation in which use of, or exposure to, a violative product may cause temporary or medically reversible adverse health consequences or where the probability of serious adverse health consequences is remote.
- Class III:A situation in which use of, or exposure to, a violative product is not likely to cause adverse health consequences.
A defective drug or medical device recall can be voluntary, FDA requested, or ordered under section 518(e) of the Food, Drug & Cosmetic Act [21 U.S.C 360h (e)].
Types of defective drug claims in South Carolina
Some of the most common issues leading to defective drug lawsuits include:
- Defective manufacturingof the drug itself, which could occur during the manufacturing process. Any defect that is caused between the production of the drug in the manufacturing facility and the location where it is purchased could be considered a manufacturing defect.
- Dangerous side effects from a medication. These drugs have caused injury-inducing side effects despite being manufactured properly.
- Defective marketing.In the case of defective drugs, “marketing” refers to the instructions on the drug product label. The manufacturer can be liable if it failed to warn about known risks of injurious side effects.
- Strict liability. In South Carolina, there are strict liability laws that support consumers who have been injured because of a defective product. In strict liability cases, the plaintiff simply must prove:
- An injury or loss.
- The product is defective or is inherently dangerous.
- The product caused the plaintiff’s injury or loss.
- The product was being used according to the manufacturer’s instructions when the injury occurred.
Even if you can prove that the product was defective, if there is no injury, there may be no grounds for a product liability claim. This is why you should schedule a free consultation with one of our attorneys, who can review your case and let you know your best options.
What types of damages are available for a defective drug injury case in South Carolina?
Whether you reach a settlement with the manufacturer or a jury rules in your favor, there are several types of damages available to compensate an injured party for losses, including economic and non-economic damages such as:
- Medical expenses.These include all medical expenses related to the defective drug injury, from doctor visits and hospitalization to physical therapy and rehabilitation.
- Lost wages. If the injury caused you to lose time at work, the settlement or verdict may include compensation for your lost income and benefits.
- Pain and suffering. This is compensation for the non-economic impact the injury has had on your life.
- Emotional distress. An injury can have lasting detrimental effects on your life. Damages for emotional distress compensate you for the traumatic effects of the injury and how it diminishes your quality of life.
- Wrongful death. If a defective drug causes death, the loved ones of the decedent may recover compensation for the loss of their loved one’s financial support, guidance, and affection.
Hiring McGowan, Hood, Felder & Phillips for your defective drug case
When you work with the South Carolina defective drug lawyers at McGowan, Hood, Felder & Phillips, your initial consultation is free. You never have to worry about how you will afford legal counsel, because we take cases on a contingency fee basis. This means you never pay attorney fees up front.
If you are hesitating about working with an injury law firm, you must know that the big pharmaceutical companies have a team of defense attorneys fighting for them. You cannot bring a complicated drug injury case against a major corporation on your own. Imagine how confident you will feel knowing that you have a legal team at your service that has already obtained hundreds of millions in verdicts and settlements on behalf of our deserving clients?
Every defective drug case presents its own unique challenges. That is why it is important you have a defective drug injury attorney in South Carolina you can trust working hard on your case. We hold manufacturers of defective drugs responsible to those they have injured by putting profits ahead of consumers. We are here to fight for the compensation you need to recover from your injuries and move on with your life.
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Injured by a dangerous drug? Call McGowan, Hood, Felder & Phillips, LLC today
McGowan, Hood, Felder & Phillips represents victims of defective and dangerous drugs. Discover what we can do for you. Call 803-327-7800 or fill out our contact form and schedule an appointment. We proudly serve clients throughout South Carolina and nationwide from offices in Columbia, Rock Hill, Sumter, Anderson, Georgetown, Greenville, and Charleston.