Pharmaceutical Litigation

In a perfect world, all medications would be thoroughly tested, ethically marketed, and fully targeted toward healing or treating the patients to whom they are prescribed. Unfortunately, pharmaceutical manufacturers all too often focus on maximizing their profits rather than making sure that all of their products are adequately tested before reaching the marketplace and ensuring that doctors and patients are fully aware of any potential side effects. If you or a loved one has suffered harm due to a dangerous or defective pharmaceutical product, the knowledgeable Lafayette products liability attorneys at Broussard, David & Moroux can help you seek to hold the responsible manufacturer, wholesaler, or retailer legally accountable for your damages.

Filing suit for injuries suffered due to a medication that was not properly tested or that did not come with adequate instructions or warnings usually means taking on a large and powerful corporation. Products liability lawsuits in general – and pharmaceutical litigation in particular – may be much more complex than other types of injury or wrongful death cases. One reason for this is the tenacity with which the pharmaceutical industry defends claims of products liability, knowing that a successful claim by an injured person or the family of someone killed by an unreasonably dangerous medical product has the potential to trigger countless other lawsuits by other consumers who have also been adversely affected by the drug.

The term “pharmaceutical litigation” may be broadly interpreted to mean several different types of products liability claims – some based on tort and some on contract – arising from the use of a prescription or over-the-counter medication or even a medical device. (In some cases, a medical malpractice claim may also be part of a products liability action, but a doctor is not necessarily negligent in prescribing a certain medication or device if they were not adequately warned of possible dangers or side effects by the manufacturer.) A products liability claim arising in tort may include theories of liability like strict products liability, manufacturing defect, marketing defect, defective design, failure to warn, or negligence. Each theory requires the plaintiff to prove certain elements. In a design defect case, for instance, the plaintiff must show that there was a flaw in the product’s design such that the product was rendered unreasonably dangerous. A negligence case requires that the elements of duty, breach of duty, causation, and damages be proven.

In addition to pharmaceutical products liability claims based on tort theories, a plaintiff may also be able to assert a contractual claim, such as breach of warranty. Regardless of the theory asserted by the plaintiff, a successful pharmaceutical litigation case may result in substantial damages for the plaintiff, including compensation for pain and suffering, payment of past and future medical costs, and replacement of lost income and loss of future earning capacity. Sometimes there may also be the possibility of punitive damages if the defendant’s conduct was particularly egregious. If the patient died as a result of the medication or device at issue, their family may be able to pursue damages through a wrongful death lawsuit. It should be noted that, as in most matters of civil litigation, the burden of proof is on the plaintiff in products liability cases to prove all of the necessary elements by a preponderance of the evidence. This may require a combination of lay and expert testimony, as well as other evidence.

There are many dangerous drugs on the market today, some of which are already the subject of litigation and some for which the knowledge of their harmful effects is still evolving. An injury attorney experienced in pharmaceutical litigation can help a patient analyze the particular facts of a case with an eye toward determining the likelihood of success in a products liability lawsuit against the drug’s maker or others. The knowledgeable Lafayette products liability lawyers at Broussard, David & Moroux represent consumers in Lafayette, New Orleans, Baton Rouge, New Iberia, Eunice, Lake Charles, and Alexandria, as well as other areas of Lafayette, Orleans, East Baton Rouge, Iberia, St. Landry, Calcasieu, and Rapides Parishes. Call us today at 888-337-2323 or contact us online for assistance with your pharmaceutical litigation case.