The drugs that people depend on for their health must be safe. Unfortunately, in the multi-billion dollar pharmaceutical industry, drug companies market drugs that have serious side effects. Since 1973, English, Lucas, Priest & Owsley, LLP has helped countless patients injured by defective drugs throughout Kentucky, including Warren and Allen Counties, as well as in Tennessee. If you have suffered a serious side effect of the drug Actos or any other medication, call us to speak with an experienced Kentucky pharmaceutical injury attorney.Actos Has Been Linked to Cancer
Actos is a prescription drug that helps people manage their type 2 diabetes. Unfortunately, Actos has been linked to side effects that could result in serious injuries. Studies have shown a correlation between Actos and bladder cancer. In addition, Actos may increase the risk of congestive heart failure or a heart attack. A person who has taken Actos and either suffered a heart attack or was diagnosed with bladder cancer may be able to file a lawsuit to seek compensation for their injuries.Injured Consumers May File a Products Liability Lawsuit
People injured by a defective product, including prescription drugs, have a right to file a products liability lawsuit. A products liability lawsuit seeks compensation for injuries caused by a product that is unsafe. To prevail in a products liability lawsuit, the plaintiff must prove:
- The defendant — usually the drug manufacturer — sold the product, in this case Actos;
- Actos was unreasonably dangerous;
- The plaintiff was injured as a result of taking Actos; and
- The plaintiff received medication that was substantially unchanged.
The plaintiff can prove that the product at the center of a lawsuit was unreasonably dangerous in three ways: a design defect, a manufacturing defect, or lack of adequate warning or directions. Most pharmaceutical lawsuits allege that the manufacturer of the drug did not provide adequate warnings that the drug has the potential to cause serious side effects. The plaintiff must also prove that the medication more likely than not caused his or her injury. This is usually done through evidence presented by an expert witness and found in the plaintiff’s own medical records.Prevailing Plaintiffs are Entitled to Damages
A plaintiff who wins a products liability lawsuit is entitled to compensation for the costs associated with his or her injury. These costs include past and future medical bills and lost wages. In addition, plaintiffs who have suffered emotional distress or pain and suffering as a result of taking the medication can be compensated for these injuries as well.
In some cases, plaintiffs may also be entitled to punitive damages. Obtaining these damages requires that plaintiff prove the defendant acted with a reckless disregard for the lives or safety of the people who took the drug.Get the Compensation You Deserve
A drug manufacturer who does not warn of the dangers associated with taking its drug can be held liable for its conduct. If you have suffered a serious side effect of the drug Actos, contact a Kentucky defective drug lawyer at English, Lucas, Priest & Owsley, LLP. Since 1973, our Bowling Green firm has litigated personal injury cases for those in Hopkinsville, Russellville, and throughout Kentucky and Tennessee. Call (270) 781-6500 or fill out our online contact form to schedule a free case evaluation.