Drug manufacturers who fail to ensure that their products are safe can be held liable under Mississippi law. If you have taken the prescription drug Abilify and suffered serious side effects, the Jackson defective drug lawyers of Coxwell & Associates can help you recover compensation for your injuries. We are committed to helping Mississippians get the compensation to which they are entitled.Abilify May Cause Diabetes in Young People
Abilify is a popular prescription drug used to treat depression, bipolar disorder, and other psychological conditions. Studies have shown that Abilify can lead to the development of Type 2 Diabetes in people 19 and younger. Coxwell & Associates are in the early stage of the investigation regarding these claims.
Drug Manufacturers Can Be Held Liable for Their Dangerous Products
Drug manufacturers are required to ensure the safety of the products they sell. A patient injured by a defective prescription drug can file a product liability lawsuit against the drug manufacturer to recover compensation. Most defective drug plaintiffs allege that the drug manufacturer failed to provide adequate warnings of the drug’s side effects.
According to Miss. Code Ann. § 11-1-63, plaintiffs alleging failure to warn must prove four elements:
- The drug was defective because the defendant did not provide adequate warnings;
- The defect made the drug unreasonably dangerous;
- The defect proximately caused the plaintiff’s injuries; and
- The drug manufacturer knew or should have known about the danger and that consumers would not discover it.
The plaintiff can prove the first two elements of his case by presenting evidence that proves the drug in question caused a serious side effect for which the manufacturer failed to provide a warning. To prove causation, plaintiffs generally use medical records, expert testimony, and medical studies to prove that taking the medication caused an injurious side effect. Finally, the plaintiff must also prove that the drug company should have known of the drug’s danger using reasonably available knowledge. Note that the plaintiff does not have to prove that the defendant actually knew of the drug’s danger — only that it should have known.Plaintiffs May Be Awarded Damages
If the plaintiff successfully proves all of the necessary elements of his case, the jury may award compensatory damages, of which there are two types. Economic compensatory damages compensate the plaintiff for the direct expenses of her injury. Costs of medical care and lost wages are two common examples. Noneconomic compensatory damages are designed to compensate the plaintiff for more subjective injuries such as emotional distress or pain and suffering. The plaintiff will present evidence of both types of compensatory damages, and the jury will decide how much of each type to award.
In some cases, plaintiffs may also seek punitive damages, which are damages reserved for the rare case in which a defendant’s actions warrant punishment in the form of money damages. Mississippi law, pursuant to Miss. Code Ann. § 11-1-65, requires the plaintiff in this context to prove that the defendant acted either with actual malice — the intent to hurt the plaintiff — or with a reckless disregard for the safety of others. This must be proven by clear and convincing evidence, unlike the other elements of the plaintiff’s case, which require only a preponderance of the evidence. Punitive damages are capped in Mississippi in proportion to the defendant’s net worth.Hold Drug Manufacturers Accountable for Their Actions
Drug companies should not get a free pass from consumers. Mississippi law gives patients injured by defective drugs the power to make the pharmaceutical companies pay. If you have suffered serious side effects of the drug Abilify, the Jackson defective drug attorneys of Coxwell & Associates can help you get the compensation you deserve. Call (877) 231-1600 or email us to schedule a case evaluation.