Springfield, MO 417-222-4878
Joplin, MO 417-222-4878

Who Can You File a Lawsuit Against for a Dangerous Drug?

The market for prescription medication has expanded dramatically over the
past few decades. In fact, according to the Centers for Disease Control
and Prevention (CDC), nearly half of all Americans use at least one prescription drug every
month. The CDC study also reported this number increased nearly 11% from
1988 to 2012. As the use of medications continues to rise, the danger
for hazardous drugs and harmful side effects may also increase. While
victims injured by dangerous drugs can seek monetary compensation, the
liable parties can vary for each case. Typically, lawsuits will fall under
product liability or
medical malpractice.

Parties who may be liable for hazardous medications can include:

  • Medical companies
  • Prescribing doctors
  • Pharmacists
  • Drug manufacturers

Product Liability

The legal theory of product liability states that manufacturers, retailers,
and distributors all have a duty to ensure that their products are free
from defects. When a consumer is injured due to a faulty or defective
product, they may seek monetary compensation from the responsible party.
In a medical product claim, who can be sued depends on when the negligence
occurred during a drug’s lifecycle.

In a product liability claim, defects are divided into three categories:

  1. Design defects refer to problems which exist or are created during a products design.
    If a product’s creator does not take steps to rectify a design flaw,
    they may be held accountable for injuries.
  2. Marketing defects occur when a drug company fails to properly warn consumers about a drug’s
    potential health risks or grossly misrepresents the uses of a drug,
  3. Manufacturing defects happen during the actual production process. Even if the design and marketing
    are done correctly, manufacturing mistakes can still lead to harm.

Medical Malpractice

In addition to drug manufacturers and producers, doctors and other medical
workers may also incur liability for injuries. To seek damages in a medical
malpractice claim, it must be shown that the negligence of medical staff,
such as a doctor or pharmacist, directly led to the damages suffered by
the victim. For example, if a doctor ignored pharmaceutical warnings,
did not properly inform a patient about a medication’s side effects,
or did not check for possible negative drug interactions, they may be
held liable for the resulting injuries.

Award-Winning Personal Injury Attorneys

If you or a loved one has been injured due to dangerous prescription medications,
Johnson, Vorhees & Martucci want to talk to you. Whether you are pursuing
a medical malpractice or product liability claim, our Four States personal
injury attorneys possess the knowledge and tools to help you seek justice.
For our tireless dedication to clients and legal ability,
our team has earned the recognition of prestigious legal organizations such as
Martindale-Hubbell® and
Super Lawyers®.

Call (833) 600-0125 or
request a FREE case evaluation online to speak with attorneys backed by more than 140 years of collective

We are proud to represent clients throughout Joplin and Springfield.


The Pursuit of Justice During the COVID Pandemic

Here we are in late summer of 2021. Most of us hoped and prayed that the virus would be behind us by now. Here in the midwest, we didn\’t initially see the huge number of cases that other parts of the country did -– now here we are. However, back in 2020 and into early 2021, when people were staying indoors and businesses were on lockdown, fewer people were driving

Personal Injury

Common Summer Accidents and How to Prevent Them

During the summer months, many of us will be partaking in the typical summer pastimes: taking a dip in the pool, going for drives with friends and families, having barbeques, and lighting fireworks on the Fourth of July.   It’s important to remember that your safety and that of your family comes first. Many of us just want to have a relaxing, fun, and stress-free summer. It is absolutely possible

Car Accidents

Should I Hire a Plaintiff Attorney for my Car Accident Case?

If you have been injured in a car accident, it is likely that you will want to file a personal injury claim against those responsible for your injuries. Depending on the circumstances, you may be considering handling your claim on your own in order to save on attorney’s fees. While you can indeed settle your own claim, this may not be the most desirable option. Before you attempt to take

Contact Us.

    Submitting the form is not necessarily establishing an attorney-client relationship