Drug manufacturers have a legal responsibility to sell safe products. When these corporations choose to market drugs with dangerous side effects, consumers can be injured or killed. The Jackson defective drug attorneys of Coxwell & Associates devote their practice to helping injured Mississippians seek compensation for their injuries. We have the experience to hold drug companies accountable for their actions.Lipitor Could Increase the Risk of Diabetes for Some Women
Lipitor is a widely prescribed drug used to treat high cholesterol. It was approved for use by the FDA in 1996, but recent studies have shown a connection between use of Lipitor and the development of type 2 diabetes in women with a body mass index (BMI) of less than 30. Lawsuits have been pending against the manufacturer of Lipitor for approximately two years. If you think you have developed diabetes as a result of taking Lipitor, contact an experienced attorney.Patients Injured by Lipitor Can File Suit
Mississippi law gives people injured by a defective drug the right to file a product liability lawsuit. Plaintiffs may allege one of three distinct defects: manufacturing, design, or informational. Most people injured by a defective drug allege that the drug manufacturer did not provide adequate warnings of possible side effects, which is a type of informational defect.
To prove a failure to warn case, Miss. Code Ann. § 11-1-63 requires the plaintiff to prove that:
- The drug was defective;
- The defect made the drug unreasonably dangerous;
- The defect proximately caused the plaintiff’s injuries; and
- The defendant knew or should have known about the danger and that the consumer would not discover the danger.
To prove that the drug was defective and unreasonably dangerous, the plaintiff can present evidence proving that the manufacturer did not warn consumers about one of the drug’s dangerous side effects. One example of this would be that the drug Lipitor caused the plaintiff to develop type 2 diabetes, a dangerous side effect about which defendant failed to warn consumers. After using the plaintiff’s medical records and expert testimony to prove causation, the plaintiff can satisfy the last element of her claim by submitting evidence that the defendant should have known of the side effects through reasonably available knowledge.Prevailing Plaintiffs May Collect Damages from Drug Manufacturers
A plaintiff who brings a successful product liability suit against a drug manufacturer is entitled to damages. The jury can award money to reimburse the plaintiff for medical bills, lost wages, and other expenses incurred as a result of her injuries. In addition, the jury can award damages to compensate the plaintiff for injuries such as pain and suffering or emotional distress. In some cases, the jury may also award punitive damages, which are meant to punish defendants who act with malice or gross negligence.Get the Compensation You Deserve
If you have been injured by a side effect of Lipitor, you do not have to let the drug companies win. You may be entitled to compensation for the harm you have suffered. The Jackson product liability lawyers of Coxwell & Associates have years of experience fighting for the rights of clients throughout Mississippi. Call (877) 231-1600 or visit our contact page to schedule a free case evaluation.