For more than 20 years, our firm has been successfully protecting victims of pharmaceutical injuries against aggressive and powerful medical companies. We have helped countless victims pursue the justice and compensation they deserve after consuming a dangerous drug.
While the pharmaceutical companies we face are large, formidable, and well-financed, our San Antonio personal injury lawyers at the Law Offices of Maloney & Campolo have demonstrated that we have the ability, knowledge, and resources to successfully advance our clients’ rights. We believe in the importance of what we are doing, and we are prepared to fight on your behalf.
If you or someone in your family suffered serious side effects caused by a pharmaceutical drug, we encourage you to get in touch with a San Antonio pharmaceutical lawsuit lawyer from our trusted and highly rated team. Our injury lawyers have over 20 years of experience and a reputation for dedicated advocacy and sophisticated representation.
Why Choose Us?
Over the course of our practice, we have consistently demonstrated our ability to protect injury clients against even the most intimidating opponents — including large, corporate pharmaceutical companies. Whether you experienced adverse reactions to a drug or if you received improper dosage instructions, our San Antonio pharmaceutical lawsuit attorneys are prepared to correct this injustice.
When preparing your case, we ask questions such as:
- How much did the pharmaceutical company know about the potential side effects or negative reactions of the drug in question?
- Did the company conduct proper clinical testing before pushing the drug to market? Or did they prioritize economic return over consumer safety?
- If the company was unaware of the side effects, did they take action once they found out?
At the Law Offices of Maloney & Campolo, we are committed to pursuing life-changing money for life-changing injuries our clients have suffered. As respected pharmaceutical injury lawyers in San Antonio, our peers even look to us when they need trusted guidance. In fact, a portion of our cases actually come as referrals from other law firms – proving our wealth of experience and knowledge.
What Is a Dangerous Drug?
A dangerous drug is one that poses an unreasonable risk of harm to consumers. Most dangerous drugs are inherently risky to patients and consumers because of the side effects or reactions they can cause, but become more so when manufacturers fail to warn of potential risks. It is one thing to produce a dangerous drug with a warning on the box of potential risks. It is negligence to debut a potentially dangerous drug without warning consumers of foreseeable health complications. If a drug maker intentionally or through negligence failed to warn consumers of known or foreseeable risks, it could be liable for any victims’ damages.
Liability for a Dangerous Drug
Liability refers to a party’s legal responsibility for something. A drug manufacturer could be liable for consumers’ injuries, illnesses, and wrongful deaths if it reasonably should have done something to prevent the harm. If a reasonable and prudent drug maker, for example, would have published the results of a safety study showing that a drug could have cardiovascular risks, yet the manufacturer in question failed to do so, the manufacturer could be liable if a consumer suffers a heart attack after taking the drug. Talk to a San Antonio wrongful death lawyer about the possibility of filing a claim for the loss of a loved one caused by a dangerous drug.
Understanding and proving liability can take help from a San Antonio pharmaceutical lawsuit lawyer. Although product liability laws are largely friendly toward consumers, it still takes fulfilling a burden of proof to obtain compensation. The plaintiff’s burden of proof is typically to establish through a preponderance of evidence that the defendant owed a duty of care, breached this duty, and caused the injuries in question, in a product liability lawsuit, however, this burden is usually lighter. Proving the defendant’s negligence is not usually a requirement.
To win a dangerous drug lawsuit, plaintiffs or their lawyers will need to establish that the drug in question contained a defect, and that the drug caused an injury or illness. The courts may find the drug maker liable for damages if the plaintiff’s side of the case can prove these two main elements. Using a San Antonio pharmaceutical lawsuit attorney to defend your rights can significantly help your case. It can force insurance companies to take your claim seriously.
Who Is Liable?
Liability for a dangerous or defective drug will come down to the party most responsible for causing the plaintiff’s harm. Defendants can arise at any stage of the drug administration process, from initial prescription at the doctor’s office to the distribution of the drug at the pharmacy. Potential defendants can include the medication manufacturer, distributor, pharmacy, sales representative, testing laboratory, physician, hospital, or clinic. Many defective drug claims involve more than one defendant. A San Antonio pharmaceutical lawsuit lawyer can help you identify the correct defendant(s) in your particular case.
Types of Drug Defects
An individual drug defect can take limitless shapes and forms. From a missed ingredient during production to boxes of drugs contaminated with a foreign substance, many different defects can turn a drug dangerous. The three types of defects, however, remain the same.
- Manufacturing mistake. A manufacturing mistake means that although the drug had a safe design, an error during the product’s manufacture or distribution made it dangerous for consumers.
- Design error. A mistake in the drug’s design means that even if no issues occur during manufacture, the drug can still pose unreasonable risks of harm to defendants. A drug with a dangerous design has an unsafe chemical makeup from the beginning.
- Improper marketing. One of the most common types of defects involves a manufacturer failing to provide adequate warnings regarding a drug’s side effects. It is the drug maker’s legal duty to properly warn consumers of potential risks.
Identifying the defect in your dangerous drug claim may take an investigation from a law firm. A pharmaceutical lawsuit attorney in San Antonio can review the drug in question, find evidence of a defect, and help you go up against the appropriate defendant in pursuit of compensation.
Contact a San Antonio Pharmaceutical Lawsuit Attorney Today
Hold a negligent or careless drug company accountable for causing you or a loved one’s injuries. File a claim for a defective or dangerous drug in Texas with our assistance. Contact a lawyer at the Law Offices of Maloney & Campolo to request a free consultation about your case.
“Mr. Maloney and his team handled a complex, difficult and emotional case with great care, expertise and an unwavering commitment.” -Tom Munroe