Defective Medication and Medical Device Attorneys Representing Injured Victims in Kentucky and Tennessee

People trust drug manufacturers’ claims that their products are safe and effective. If these claims are false, patients’ lives are at risk. The Kentucky defective drug lawyers of English, Lucas, Priest & Owsley, LLP have been assisting residents of Logan County, Barren County, as well as throughout Kentucky and Tennessee since 1973. If you have suffered from serious side effects of the drug Risperdal, we can help you seek compensation for your injuries.

Risperdal Has Been Linked to Several Dangerous Side Effects

Risperdal is a prescription drug used to treat symptoms of psychiatric disorders. While many people can take the drug safely, some have suffered from serious side effects. Risperdal is thought to cause hormonal changes that could result in growth of breasts in male patients. Some of these patients have even required mastectomies. Risperdal may also increase the risk of stroke or diabetes. A patient who has suffered an injury as a result of Risperdal’s side effects has a legal remedy.

Kentucky Law Empowers Victims of Defective Drugs

People who have been injured by a defective drug can file a products liability lawsuit to seek compensation for their injuries. To win a products liability lawsuit the plaintiff must generally prove four elements:

  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 most defective drug cases, the first and second elements are not contentious. The defendant is typically the drug manufacturer, and most drugs are not altered.

To prove that the drug was unreasonably dangerous, the plaintiff can allege a manufacturing defect, a design defect, or a failure to warn. Usually, defective drug plaintiffs allege that the manufacturer failed to provide adequate warnings of the drug’s possible side effects. To prove causation, the plaintiff relies on evidence from an expert witness, the plaintiff’s own medical records, and other sources.

The statute of limitations in defective drug cases is not as straightforward as those in other types of lawsuits. Therefore, it is important to contact an attorney as soon as possible if you suspect that you may have been injured by a defective drug.

Plaintiffs Can Seek Damages

If the plaintiff proves all the necessary elements of his case, a jury can award damages. Some damages will repay the plaintiff for the direct costs of his injury, like past and future medical bills and lost wages. Others will compensate the plaintiff for injuries that are less quantitative. Emotional distress and pain and suffering are two examples of the latter category of damages.

A jury can award a third type of damages that punish the defendant for egregious behavior; however, the plaintiff must prove that the defendant exhibited a reckless disregard for the safety of lives of other people.

Hire Experienced Lawyers

A person injured by a defective drug does not have to suffer in silence. The Kentucky dangerous drug attorneys of English, Lucas, Priest & Owsley, LLP have years of experience litigating cases for people in Owensboro, Russellville, and throughout the state of Kentucky. We also represent clients in Tennessee. Call (270) 781-6500 or email us to set up your free case evaluation.