Atlanta Defective Pharmaceutical Drug Lawyers
Helping Atlanta Residents Injured by Defective Medicine
Pharmaceutical drugs are designed to help people, but when they are defective, they can cause serious harm. At Cunningham Bounds, we have been representing the injured since 1958. Our defective pharmaceutical drug lawyers in Atlanta have handled thousands of cases and have recovered billions of dollars on behalf of our clients. We are committed to holding drug manufacturers accountable for the harm their products cause and have a proven track record of success in this area of law.
What is a Pharmaceutical Drug?
Pharmaceutical drugs are substances formulated to diagnose, treat, cure, or prevent diseases or medical conditions in humans. They are designed based on extensive research, testing, and regulatory approval processes to ensure safety and efficacy.
Here are some common types of pharmaceutical drugs:
- Analgesics: These are pain-relieving medications, including over-the-counter options like acetaminophen (Tylenol) and ibuprofen (Advil, Motrin) as well as prescription-strength options like opioids for severe pain.
- Antibiotics: These drugs fight bacterial infections. Examples include penicillin, amoxicillin, and azithromycin.
- Antidepressants: Medications used to manage symptoms of depression and some anxiety disorders. Types include selective serotonin reuptake inhibitors (SSRIs) like Prozac and Zoloft, and serotonin-norepinephrine reuptake inhibitors (SNRIs) like Effexor and Cymbalta.
- Antihistamines: These are used to treat allergic reactions by blocking the action of histamine. Common antihistamines include cetirizine (Zyrtec) and loratadine (Claritin).
- Antipsychotics: Drugs primarily used to manage psychotic disorders such as schizophrenia. Examples include olanzapine (Zyprexa) and risperidone (Risperdal).
- Antivirals: Medications used to treat viral infections. Some examples are oseltamivir (Tamiflu) for influenza and acyclovir for herpes infections.
- Hormones: Drugs that regulate bodily functions by mimicking or altering hormone levels. Examples include insulin for diabetes and hormone replacement therapy for menopause.
- Immunosuppressants: Medications that suppress the immune system, often used in organ transplant recipients or in autoimmune disease management. Examples include cyclosporine and tacrolimus.
- Statins: Medications that lower cholesterol levels in the blood. Examples include atorvastatin (Lipitor) and simvastatin (Zocor).
- Sedatives/Hypnotics: Drugs used to induce sleep or reduce anxiety. Examples include benzodiazepines like diazepam (Valium) and non-benzodiazepines like zolpidem (Ambien).
How Can a Pharmaceutical Drug Become Defective?
Pharmaceutical drugs, despite their benefits, can pose dangers or defects due to various reasons:
- Side Effects: All drugs have potential side effects, ranging from mild to severe. Sometimes, these side effects can be unexpected or severe in certain individuals. For instance, a drug might cause allergic reactions, gastrointestinal issues, or more serious complications like liver or kidney damage.
- Dosage Errors: Errors in prescribing, dispensing, or taking medication can lead to incorrect dosages. Taking too much or too little of a drug can be harmful. Misinterpretation of prescription instructions or confusion between similar-looking or similar-sounding drug names can also cause dosage errors.
- Contamination or Impurities: During the manufacturing process, contamination or impurities might occur, leading to defective drugs. Contaminants can make the drug ineffective or even cause adverse reactions.
- Drug Interactions: Some drugs can interact negatively with others, causing unintended side effects or reducing the effectiveness of either medication. This can happen with prescription drugs, over-the-counter medications, supplements, or even certain foods.
- Defective Formulation: Issues with the formulation or manufacturing process can lead to drugs not working as intended. This might include problems with the stability of the drug, affecting its potency or effectiveness.
- Withdrawal Effects: Certain drugs, especially those that are habit-forming or cause dependency, can lead to withdrawal effects when discontinued. Abruptly stopping such medications can cause a range of withdrawal symptoms, which might be severe in some cases.
- Recalls: Sometimes, pharmaceutical companies or regulatory bodies discover issues with drugs post-approval, leading to recalls. This might be due to unexpected side effects, contamination, or other safety concerns.
- Off-label Use: While a drug might be approved for a specific condition or use, healthcare providers might prescribe it for other purposes. This off-label use might lead to unexpected side effects or inefficacy.
- Allergic Reactions: Some individuals might be allergic to certain drug components, leading to severe reactions like anaphylaxis, which can be life-threatening.
- Adverse Events in Clinical Trials: Despite rigorous testing, unexpected adverse events might emerge during clinical trials or even after the drug is on the market. These events might prompt safety warnings or removal of the drug from the market.
How to Prove a Defective Pharmaceutical Drug Claim
Proving a defective drug claim in Georgia, as in other places, typically involves demonstrating that the drug was defective and that the defect caused harm. Here's an overview of the general steps:
Consulting an Attorney: Seek legal counsel experienced in pharmaceutical litigation. They can evaluate your case and advise you on the legal aspects.
Establishing Liability: You must establish that the drug manufacturer, distributor, or other responsible parties were negligent or liable for the defect. This might involve proving that they didn’t adequately test the drug, failed to warn about known risks, or marketed a drug that was unreasonably dangerous.
Proving Defect: There are typically three types of defects in product liability cases: manufacturing defects, design defects, and marketing defects (also known as failure to warn). You'll need evidence to show which type of defect is relevant to your case.
Manufacturing Defects: These occur during the manufacturing process and lead to a product that is different from others in the same line. Evidence might include expert testimony, product testing results, or manufacturing records.
Design Defects: These involve flaws in the drug's design that make it unreasonably dangerous. Proving this might require expert testimony, scientific studies, or internal company documents showing awareness of potential risks.
Marketing Defects: This involves inadequate warnings or instructions about potential risks associated with the drug. Evidence might include communication records, studies, or instances where the company knew about risks but failed to disclose them.
Showing Causation: It’s crucial to demonstrate that the defect directly caused the harm suffered. This requires medical evidence linking the use of the drug to the specific injury or illness experienced.
Documenting Damages: Collect evidence of the damages caused by the defective drug, such as medical records, bills, lost wages, and any other related expenses or losses.
Filing a Lawsuit: Your attorney will file a lawsuit on your behalf, outlining the allegations against the drug manufacturer or other parties involved. The case will proceed through the legal system, potentially including negotiations, discovery, and, if necessary, a trial.
Negotiation or Trial: Often, these cases are settled out of court through negotiations between legal teams. However, if a settlement cannot be reached, the case may proceed to trial where evidence will be presented, and a judge or jury will decide the outcome.
How Our Defective Pharmaceutical Drug Attorneys Can Help
At Cunningham Bounds, we understand the challenges you are facing. Our defective pharmaceutical drug lawyers in Atlanta are here to help you navigate the legal process and fight for the maximum recovery you are owed.
When you choose us to handle your defective pharmaceutical drug case, you can expect:
- A team of experienced attorneys who have handled thousands of cases
- Aggressive representation from start to finish
- Customized legal strategies tailored to your unique needs and goals
- Open and honest communication
- Compassionate support and guidance
- Access to our network of experts
- Strong courtroom advocacy
- Proven results
$46 Million Defective Marine Engine Product Liability Case
During routine testing, while the vessel was under construction, a single 3516B Caterpillar marine engine threw a rod and caused an enormous fire, burning the ship to its hull.
$40 Million Defective Seatbelt Case
The A97 seatbelt buckle in Kia Sephia and Sportage vehicles, model years 1995-2000, had a safety defect that caused the buckles to feel as though they were latched, but were actually not.
$25.3 Million Verdict Against Tractor Manufacturer
The attorneys of Cunningham Bounds achieved a $25.3 million jury verdict against a tractor manufacturer for failure to include ROPS (rollover protective structure).
$24.3 Million Defective Meat Saw
$20.5 Million Verdict in Defective Meat Saw Case
The attorneys of Cunningham Bounds achieved a $20.5 million personal injury verdict in this product liability case involving a commercial slant meat saw.
Throughout your case, our team will always be accessible, responsive, respectful, honest, and compassionate. Our clients can attest to our high level of service and the longstanding relationships we have forged with them.
We believe in giving back to our community. We provide pro bono (no cost) legal services to those in our community who can’t afford legal representation. We also support local charitable organizations by donating our time, money, and expertise.
Unlike most plaintiff law firms, we have our own appellate practice, which means we can stay involved in your case throughout the appeals process. We keep fighting until the case is over.
"These guys are just that good."
There are not many plaintiff’s firms that impress the way these guys do.- Benchmark Litigation: The Definitive Guide to Americas Leading Litigation Firms and Attorneys