How to Sue a Pharmaceutical Company for Wrongful Death

In a world filled with problems, drug companies and pharmacies are there to help people be healthier

08 June 2020 Monday 08:44
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How to Sue a Pharmaceutical Company for Wrongful Death

In a world filled with problems, drug companies and pharmacies are there to help people be healthier. However, these organizations sometimes deviate from the standards of care. That can result in dire consequences for the people using medication.

If your loved one passed away recently and you suspect it was due to the medications they were on, then there might be grounds for a wrongful death lawsuit. But to be sure, you need to understand what wrongful death is and how it relates to a pharma company.

If you are in South Carolina, you can consult with Hodge & Langley Law Firm, wrongful death attorneys in Spartanburg, SC, for advice specific to your claim.

What Are the Grounds for a Wrongful Death Claim?

Before getting into the complications of wrongful death claims related to pharma companies, you should know what constitutes a wrongful death.

The answer varies by state. But generally speaking, the victim must have died proximately due to intent or negligence, or in a scenario where strict liability applied. This could be due to getting hit by a negligent driver, violently attacked, or because a pharmaceutical company produced a dangerous drug. Various kinds of damages might be available in these cases including loss of protection and companionship, medical bills, and funeral costs.

Reasons Why a Pharmaceutical Company Could Be Held Responsible

Defective Manufacturing of the Drugs In Question

There are many rules and protocols in place to make sure drugs are not defective, but things can sometimes go horribly wrong.

The drugs could have been mixed up with other substances in the manufacturing process, or they might have been labeled under the wrong name. Not only that, but the loading and shipping processes could also be faulty. There are all sorts of reasons why a drug defect might happen. In many states, strict liability applies to defective product cases, so it is not necessary to prove negligence or intent to hold the manufacturer liable.

Improper Instructions or Inaccurate Information

All drugs have some forms of side effects that are detailed for the public to see. Also, the patients need to be accurately informed about the risks and instructions for taking the drugs.

Even if drugs are approved by the FDA before they come into the markets, some potential side effects can take much longer to be identified. If there are any risks that the company knew about but failed to inform the patients, then it could also be grounds for a wrongful death claim.

What Can You Be Compensated For?

After your attorney recognizes the grounds for a case, they can help you figure out what kinds of damages to pursue.

Although there are many things you can receive compensation for after a family member passes away, and the types of damages vary by state, you can look at the damages below to get an idea:

  • Costs to cover the funeral, and even the wake.

  • Losing benefits as a result of the death, such as insurance and pension.

  • The treatment for the illness or injury resulted from the drug in question.

  • Anticipated earnings of the deceased.

  • Losing companionship.