Defective drug and medical device lawyers Serving Clients Across Kentucky

Many people with high cholesterol have taken the drug Lipitor. Although not everyone who takes Lipitor experiences side effects, some patients have suffered serious injury. The Kentucky defective drug and medical device lawyers of English, Lucas, Priest & Owsley, LLP have litigated personal injury cases for residents of Glasgow, Elizabethtown, and throughout Kentucky and Tennessee for decades. If you have experienced harmful side effects of Lipitor, contact our firm today to learn about your legal options.

Lipitor May Increase the Risk for Disease

Lipitor is a drug prescribed to people with high cholesterol. Many people who take Lipitor do not experience side effects, but for those who do, the side effects can be serious. For example, Lipitor has been linked to an increased risk of developing type 2 diabetes. People who have been injured by Lipitor may not even know, as the symptoms of diabetes are not always obvious. Those who have been diagnosed with diabetes or another disease as a result of taking Lipitor may be able to seek compensation for their injuries.

Injured Patients May File a Products Liability Lawsuit

A person who has been injured as a result of taking a medication like Lipitor can file a personal injury lawsuit to recover compensation for their injuries. To win a products liability lawsuit, the plaintiff must prove:

  1. The defendant sold the product;
  2. The plaintiff received the product without substantial changes;
  3. The product was unreasonably dangerous, and
  4. The plaintiff was injured by the product.

In a defective drug lawsuit, the defendant will often be the manufacturer of the drug. In order to prove that the medication is unreasonably dangerous, the plaintiff can generally allege one of three theories:

  1. that the product was defectively designed,
  2. that the product was defectively manufactured, or
  3. that the manufacturer failed to include adequate warnings or instructions.

Most pharmaceutical lawsuits allege that the manufacturer failed to warn the consumer of some serious side effect. To prove that the plaintiff’s injury was caused by the drug, most plaintiffs rely on the testimony of an expert medical witness.

Successful Plaintiffs May Collect Damages

A plaintiff who files a successful products liability lawsuit is entitled to compensatory damages. Economic compensatory damages are intended to reimburse the plaintiff for expenses that resulted from the injury, such as medical bills and unearned wages from missed work. In addition, the plaintiff can collect noneconomic compensatory damages for injuries that are harder to quantify, like emotional distress or pain and suffering. Finally, in some cases a plaintiff may be able to collect punitive damages, although proving punitive damages requires further evidence of a defendant’s egregious behavior.

Receive Compensation for Your Lipitor Injuries

When prescription medications have serious side effects of which drug manufacturers do not warn consumers, the drug company can be held liable. If you have suffered side effects as a result of taking the drug Lipitor, contact one of the Kentucky drug injury attorneys at English, Lucas, Priest & Owsley, LLP. We have years of experience helping injured Kentuckians from Warren County, Logan County, and throughout the state of Kentucky as well as in Tennessee. Call (270) 781-6500 or email us to schedule a free consultation.