What Happens If a Side Effect Is Not Disclosed for a Prescribed Medication?

As a patient, you have a right to know about the potential side effects of taking a drug. Pharmaceutical companies should warn consumers of known risks, side effects and complications connected to prescription drugs. Unfortunately, some companies conceal this information to save money or sell products. Others may not recognize a problem until consumers already have injuries or illnesses. If a company negligently fails to disclose a side effect for a prescription medication and you suffered an injury or illness as a result, you might have grounds for a medication error claim in Kansas City.

Pharmaceutical Company Responsibilities

Under federal law, pharmaceutical companies have a responsibility to disclose known or foreseeable side effects of a drug to the public. They must disclose this information in the form of public announcements, labels, instructions or boxed warnings. All prescription drug manufacturers have a legal obligation to give adequate and timely warnings to the public – including medical professionals – of any known dangerous side effects.

  • Organ damage
  • Brain or blood infections
  • Impotence/sterility
  • Uncontrollable bleeding
  • Permanent hair loss
  • Cardiovascular risks
  • Cancer
  • Depression or suicidal thoughts
  • Cognitive effects
  • Nerve damage
  • Death

Pharmaceutical companies have an obligation to rigorously test drugs and receive Food and Drug Administration (FDA) approval before releasing them to the public. Even after the FDA approves a new drug, the creator must abide by numerous warning requirements and promotional restrictions. If the company breaches any duties of care toward consumers, it could be liable for resultant injuries, illnesses and patient deaths.

Your Right to File a Claim

If you took a drug without any warning of its potential risks and sustained an injury due to an undisclosed side effect, you may be able to file a product liability claim against the negligent pharmaceutical company. You may also have grounds to file for wrongful death if a dangerous drug took the life of a loved one. It does not matter if the FDA approved the drug – the company could still be liable for your damages if it reasonably should have warned consumers of known side effects, yet failed to do so.

It is not uncommon for the FDA to discover problems with a drug after approving it for release. In these situations, the FDA will typically announce a recall of the prescription for an issue such as undisclosed side effects. By the time the FDA acts, however, thousands of consumers may have already suffered due to the lack of adequate warning. The pharmaceutical company may revise its label or marketing methods to inform future buyers of potential side effects, but this does not change the outcome for people who already suffered because of the drug. Patients who unknowingly took the drug and noticed physical or cognitive side effects may be able to file claims against the manufacturer.

A defective drug claim against a pharmaceutical company could result in the full repayment of the damages you suffered, including medical costs, lost wages, surgeries, legal expenses, and pain and suffering. The negligent company could owe you and your family compensation for failing to disclose a known or foreseeable side effect. To obtain compensation, you or a lawyer will have to prove that the drug or its marketing contained a defect and that this is what caused your damages.

Get Legal Help

Work with a medical malpractice attorney in Kansas City if you suffered serious and unexpected side effects after taking a prescription medication in Kansas City. The manufacturing company or another party may be liable for your related damages. A lawyer can review your recent injury or illness as well as the prescription drug to determine whether you have grounds for a claim. Then, your lawyer can help you pursue compensation on the basis of negligence, product liability or a breach of contract. Improve your odds of obtaining compensation from a large or powerful pharmaceutical company by hiring a lawyer to represent your case.

The attorneys at Dickerson Oxton remain committed to exceptional client service during the coronavirus pandemic. Please contact us today. We are working remotely. If we are unable to connect immediately, we will respond at our earliest opportunity.