Mississippi law protects individuals who suffer injuries from dangerous or defective drugs. While manufacturers must ensure their pharmaceutical products are safe for use, defective or inadequately labeled drugs are released to the public every year. People in the Jackson area who have been harmed by dangerous drugs can consult the product liability attorneys at Coxwell & Associates to help them assert their rights. If you or a loved one has been affected by using the pharmaceutical product Zofran, for example, you may be able to seek compensation for your injuries. For over three decades, Coxwell & Associates has provided aggressive representation to individuals throughout Mississippi.Zofran Use during Pregnancy Has Been Linked to Serious Side Effects
Zofran, generically called ondanestron, is a drug commonly used to prevent nausea and vomiting. It is often prescribed to cancer patients undergoing chemotherapy. Doctors have also prescribed Zofran to pregnant mothers for relief of morning sickness symptoms. However, its use during the first trimester of pregnancy has been linked to serious side effects, including birth defects. Research continues into this apparent association.Injured Consumers May Seek Compensation from Manufacturers
Product liability laws protect individuals from flawed or dangerous goods, including pharmaceuticals. In Mississippi, three types of defects may arise: design defects, manufacturing defects, and informational defects. Design defects occur when a product has flaws inherent to its design, even before it is manufactured. A manufacturing defect takes place when the product fails to properly adhere to its design specifications. Finally, an informational defect is often associated with incomplete or improper warning labels.
Informational defects are a common basis for a product liability claim based on dangerous drugs. Under Mississippi law, a plaintiff must prove by a preponderance of the evidence that the defendant manufacturer failed to provide adequate warning of potential side effects. The law requires that a plaintiff prove the following elements (Miss. Code Ann. § 11-1-63):
- The drug did not include adequate warnings;
- This defect created an unreasonably dangerous product;
- The victim’s injuries were caused by the lack of warnings; and
- The manufacturer knew or should have known about the danger and that consumers would not discover the dangerous condition of the drug.
For example, a plaintiff might present evidence that Zofran caused serious birth defects, and that the defendant failed to warn consumers of these side effects. Medical records and studies, as well as expert testimony, are typically relied upon to prove causation, the third prong of a claim for failure to warn. Finally, a plaintiff may prove the last element regarding knowledge of the danger by submitting evidence that the drug company should have known of the side effects. It is not necessary to prove that the defendant actually knew of the risks. It is important only to show that the defendant should have known of the drug’s danger through reasonably available information.
After successfully proving the elements of a product liability claim, a plaintiff may be entitled to compensation, or money damages, for his or her injuries. There are two types of damages: economic and noneconomic. Economic compensatory damages serve to reimburse the plaintiff for costs such as medical bills or lost earnings, including future lost wages. Noneconomic compensatory damages compensate the plaintiff for subjective injuries, like pain and suffering. After the plaintiff presents evidence of both types of compensatory damages, the jury determines the amount of each type of damage to award.Consult a Jackson Attorney to Pursue a Product Liability Claim
Pharmaceutical manufacturers have a duty to provide adequate warnings to consumers. The product liability lawyers at Coxwell & Associates can guide Jackson residents harmed by dangerous drugs like Zofran through the legal process. You can reach us by calling 1-(877)-231-1600 or completing our online form to set up a free consultation. We proudly serve injured individuals throughout Mississippi.