How to Recover Damages Caused By a Defective Drug

by | Jun 14, 2023 | Injuries | 0 comments

Many individuals rely on pharmaceutical firms to provide them with safe and effective treatments, and it is expected that these medications are free from dangers. Unfortunately, defective drugs are still released to the market, and these medications can result in serious injuries, health issues, or even death.

If you or someone you love has suffered adverse effects after taking a defective drug, Attorney Paul M. Dominguez can help you seek the justice you deserve. Mr. Dominguez has the knowledge, resources, and skill to navigate the complexities of defective drug cases in New Mexico. Dominguez Law will work diligently to pursue fair compensation for the damages you have suffered.

What You Should Know About Defective Drug Cases in New Mexico

Coping with the impacts of a defective drug is often challenging and stressful. Here are some key factors to bear in mind regarding defective drug cases in New Mexico:

Is Your Medication Defective?

Determining whether a drug is defective requires a comprehensive investigation and expert evaluation. Defects can manifest in several forms, including but not limited to:

  • Design flaws
  • Manufacturing errors
  • Inadequate warnings or instructions
  • Undisclosed side effects

If you have experienced unexpected complications, worsening health conditions, or adverse reactions after taking a prescribed medication, our team at Dominguez Law can help you determine whether you have a valid defective drug case.

Defending a Defective Drug Claim

To build a strong case for a defective drug claim, it is important to document all injuries and damages resulting from the drug’s use. Start by seeking immediate medical attention, making sure to keep records of all:

  • Medical treatments
  • Hospitalizations
  • Prescriptions
  • Other related expenses

Additionally, maintain a detailed journal describing your symptoms, the impact on your daily life, and the emotional distress caused by the defective drug. Gathering this evidence will significantly strengthen your case and help determine the value of your claim.

Determining Liability

Proving liability is a critical aspect of a defective drug case. In most instances, multiple parties may be held accountable, including:

  • Pharmaceutical companies
  • Drug manufacturers
  • Distributors
  • Prescribing healthcare professionals

A skilled lawyer can carefully assess the facts surrounding your case, identify the responsible parties, and gather evidence to demonstrate any liable party’s negligence or breach of duty.

Filing a Lawsuit

Once the liable parties have been identified, your attorney will help you file a defective drug lawsuit. The lawsuit will outline the injuries you have suffered, the losses you have incurred, and the compensation you are seeking. It is crucial to adhere to the statute of limitations for personal injury claims, as the time limits can vary depending on the circumstances and jurisdiction. Your lawyer will ensure all necessary paperwork is filed correctly and within the required timeframe.

Compensation can be sought for various damages, including:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Emotional distress
  • Disability or disfigurement
  • Wrongful death

Your lawyer will work diligently to negotiate a fair settlement with the responsible parties, taking into account the extent of your injuries and the long-term impact on your life. If a settlement cannot be reached, they will be prepared to take your case to trial and fight for your rights in court.

Partner With an Experienced Defective Drug Lawyer in New Mexico

Do not let the negligent actions of pharmaceutical companies go unchecked. The effects of a defective drug can be devastating, but you do not have to face the legal battle alone. If you or a loved one have suffered harm due to a defective drug in New Mexico, seek legal assistance from a personal injury lawyer who understands the complexities of pharmaceutical litigation. At Dominguez Law, we can help you.

Contact us today to schedule a free consultation and learn more about your legal options. Call (505) 850-5854 or fill out our contact form to get started. Your well-being is our priority, and we are ready to stand by your side every step of the way. Our compassionate and aggressive team also speaks Spanish.