What Legal Options Do You Have If a Dangerous Drug Causes Harm?
Prescription drugs and over-the-counter medications are designed to treat illnesses and improve health. However, sometimes these drugs can cause serious harm. Whether due to a design flaw, manufacturing error, or inadequate warnings, dangerous drugs have injured countless people across the United States.
If you or a loved one has been harmed by a pharmaceutical drug in Missouri, it’s crucial to understand your legal rights and options. At Mook Law Firm LLC, we aim to support victims of dangerous drugs and medical malpractice. Here, we’ll discuss your options under Missouri law and what steps you need to take.
Analyzing Dangerous Drugs
Dangerous drugs are medications that cause injury or adverse health effects due to being defective or improperly marketed. These harms may include physical illness, long-term complications, psychological trauma, or even death.
Common Examples of Dangerous Drugs:
Zantac (Ranitidine): Recalled due to N-nitrosodimethylamine (NDMA), a probable carcinogen, linked to increased bladder, stomach, esophageal, and colorectal cancer risks.
Vioxx (Rofecoxib): Withdrawn in 2004 due to increased heart attack and stroke risks, despite the manufacturer, Merck, promoting it.
Accutane (Isotretinoin): Causes severe birth defects if taken during pregnancy, including craniofacial abnormalities, heart defects, and neurological damage. Also linked to psychiatric side effects like depression and suicidal ideation. Strict iPLEDGE program implemented.
Opioid medications (OxyContin, Vicodin, fentanyl): Over-prescription led to addiction, overdose deaths, and a public health crisis. Pharmaceutical companies face lawsuits for downplaying the addictive potential.
Paxil (Paroxetine): Linked to birth defects (especially heart defects) in pregnant women and increased suicidal tendencies in young adults/adolescents, particularly during initial treatment or dosage changes. Requires careful monitoring.
The prevalence of dangerous drugs underscores the critical need for vigilance from both pharmaceutical companies and regulatory bodies, as defective or improperly marketed medications like Zantac, Vioxx, Accutane, opioids, and Paxil have led to severe health consequences.
Missouri Laws Governing Dangerous Drug Claims
In Missouri, legal claims related to dangerous drugs generally fall under product liability law, a subset of tort law. Product liability holds manufacturers and other parties in the distribution chain responsible for placing a defective or dangerous product into the hands of consumers.
Key Missouri Statutes include Missouri Products Liability Law (RSMo § 537.760 – § 537.765) and Missouri Merchandising Practices Act (RSMo § 407.010 – § 407.145) (for deceptive marketing claims). These laws allow consumers to seek damages if they can prove the drug was defective or improperly marketed, and that defect or deception caused harm.
Types of Drug Defects Recognized by Missouri Law
There are three main types of product defects that may apply to a drug-related injury case: design defects, manufacturing defects, and marketing defects (failure to warn).
A design defect occurs when the drug’s formulation itself is inherently unsafe, even if manufactured properly. For example, a medication that increases the risk of stroke in all users may be considered defectively designed.
Even if the drug's design is safe, errors during the production process can lead to manufacturing defects. These errors can include contamination, incorrect dosage, or improper packaging, all of which can make the drug dangerous.
Finally, marketing defects, also known as failure to warn, occur if the manufacturer or distributor fails to provide adequate warnings about known side effects, drug interactions, or usage risks. This category also includes misleading labeling or marketing.
The FDA and Federal Law
You might wonder how the Food and Drug Administration (FDA) fits into all this. The FDA regulates and approves medications for use in the U.S., but approval doesn’t shield manufacturers from liability.
While FDA regulations are relevant, courts in Missouri allow injured parties to sue drug companies even for FDA-approved drugs, especially when companies fail to warn about dangers discovered after approval.
However, legal doctrines like preemption can sometimes limit claims, especially if your case involves federally regulated labeling. An experienced attorney can help you work through these intricacies.
Legal Theories You Can Use to Sue
Missouri allows plaintiffs to pursue different legal theories in court, depending on the nature of the harm.
Under strict liability, you don’t need to prove the manufacturer was negligent. You only need to show that the drug was defective and caused injury.
For negligence, you must show the company failed to exercise reasonable care in designing, producing, or marketing the drug.
Breach of warranty may include breach of express warranty (specific promises about safety or effectiveness) or implied warranty (basic expectation of safety for intended use).
If the drug maker deliberately concealed known dangers or misled the public, you can pursue a claim under fraud or misrepresentation. This may also open the door to punitive damages.
Who Can Be Held Liable?
You may have multiple options when it comes to holding parties accountable. Depending on the circumstances of your case, the following entities may be liable:
Drug manufacturer: This refers to the company that developed and produced the medication. Manufacturers are typically the primary defendants in drug injury cases.
Pharmaceutical sales representative: They may be liable if they misrepresented the drug's risks or encouraged off-label use not approved by the FDA.
Pharmacies or distributors: Liability may arise if the pharmacy improperly dispenses the drug or the distributor fails to handle or store the drug correctly.
Doctors and healthcare providers: In certain cases, healthcare providers can be liable for medical malpractice if they prescribe a dangerous drug without proper evaluation or monitoring.
Determining liability for harm caused by dangerous drugs can involve various parties, including the drug manufacturer, pharmaceutical sales representatives, pharmacies or distributors, and even doctors or healthcare providers, depending on their roles and actions.
What Compensation Can You Recover?
If your case is successful, you may be eligible for several types of damages. These include economic damages, which cover medical expenses (past and future), lost wages and earning capacity, and rehabilitation and therapy costs.
You may also be eligible for non-economic damages, such as pain and suffering, emotional distress, and loss of consortium or companionship.
Finally, in cases of extreme negligence or willful misconduct (such as hiding known risks), Missouri law may allow you to seek punitive damages to punish the wrongdoer and deter similar conduct.
Statute of Limitations in Missouri
In Missouri, you have five years from the date you were injured to file a product liability lawsuit (RSMo § 516.120). However, this clock may start from the date you discovered or should have discovered the harm, especially in cases where injuries emerge over time.
There are exceptions and nuances to this rule. For wrongful death claims, the deadline is three years from the date of death. In cases involving fraud, the time limit may be extended.
Failing to file your lawsuit within the applicable statute of limitations can result in losing your right to compensation altogether.
Protecting Your Rights in Missouri
If dangerous drugs have caused you harm in Missouri, you have legal options and the right to pursue justice. Missouri’s product liability laws, combined with federal oversight and mass tort avenues, give consumers the tools to seek accountability from pharmaceutical companies.
Justice and compensation are possible, but only if you take the necessary steps. Whether through negotiation or trial, Missouri law empowers you to fight back when powerful pharmaceutical companies fail in their duty to protect public health.
Contact Us Today
Are you or a loved one a victim of dangerous drugs or medical malpractice? Mook Law Firm LLC is dedicated to fighting for your rights. We serve clients throughout the Kansas City, Missouri, area. Contact me, Ben Mook, for a consultation today.