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Allentown Dangerous Drugs Lawyer

Pharmaceuticals play an important role in the healthcare system. When a drug company does not do its due diligence to warn medical professionals and their patients of known dangers associated with their products, medications made to help people can instead cause serious harm.

State product liability laws protect consumers from defective and hazardous merchandise, but dangerous drugs often have different rules and exceptions. When you have been injured by a medication, these liability nuances can make it difficult to understand the merits of your case without the help of a knowledgeable personal injury attorney. By consulting with an Allentown dangerous drugs lawyer, you can discover the strengths of your case and get the compensation you deserve.

Dangerous Drugs Under State Law

The state classifies prescription medications by the risk associated with the product, called schedules. Under Pennsylvania’s Controlled Substances, Drugs, Device, and Cosmetic Act (1972 Act 64) § 4:

  • Schedule I drugs are the most dangerous. These are medications deemed unsafe for medical use and have high risks for abuse.
  • Schedule II drugs have a high potential for abuse, and abuse of these drugs can have significant health consequences. Unlike Schedule I, these medications are cleared for medical use, though under an especially strict set of guidelines.
  • Schedule III drugs have a lower risk of abuse than the first two categories, and the consequences of abuse are less severe. They are cleared for medical use.
  • Schedule IV drugs have even lower risks than Schedule III, including many of the same drugs but with smaller levels of risky compounds.
  • Schedule V drugs have the lowest risk of abuse and the lowest adverse effects of any abuse that does occur. They are cleared for medical use.

Drugs that fall under any of these categories are controlled substances, per 1972 Act 64 § 2.

A qualified medical professional must prescribe these medicines and should include explicit instructions for how to take them and in what quantities. Even when a person follows these instructions precisely, these drugs can still cause serious harm to some patients, harm that leads to physical, mental, and financial strain. An Allentown drug injury attorney could help a patient seek compensation from these manufacturers.

Dangerous Drug Exemptions From Strict Liability

Most commercial products fall under strict liability laws, which hold manufacturers responsible for injuries their products cause, even when the manufacturer was not negligent. Dangerous drugs are generally exempt from strict liability. This means a person can hold a pharmaceutical company liable for the damages their products cause in fewer circumstances.

In Baldino v. Castagna (1984), the Superior Court of Pennsylvania upheld the standard that pharmaceutical manufacturers had a duty of reasonable care and not strict liability. The reasonable care standard requires safe and clean manufacturing practices and properly warning consumers of any known risks associated with the product.

This difference limits a consumer’s ability to sue a drug company for injuries caused by their products. Unless the medication lacked a required warning or violated a manufacturing law as outlined in 1972 Act 64 § 13, these controlled substances are typically not defective under the law when they cause injuries, as even beneficial medications can have dangerous but unavoidable side effects.

Our dangerous drug attorneys in Allentown have the experience and knowledge to distinguish between a reasonable care violation and a strict liability claim and present a strong case for compensation.

Call an Allentown Dangerous Drug Attorney for Help

A consumer’s options to sue a drug manufacturer for product-based injuries are more limited than for injuries caused by other manufactured goods, but that does not mean you cannot recover monetary compensation when you have been injured by a medication. Work with an Allentown dangerous drug lawyer to build the right legal case and get the reparation you are owed. Call now to discuss your case with our team.