Denver Defective Drug Attorneys
Harmful Pharmaceutical Drugs in Colorado
Millions of Americans rely on a variety of medications to treat and prevent a wide array of illnesses, medical conditions, and health concerns. While these medications may have certain side effects, we do not expect them to cause more harm than good. Unfortunately, this is exactly what occurs when pharmaceutical drugs and over-the-counter medications are defective.
Defective and dangerous drugs can lead to catastrophic injury, life-threatening health complications, and death. Pharmaceutical companies and drug manufacturers who allow these medications to make their way into the hands of consumers can and should be held accountable. If you or someone you love was harmed after taking a defective medication, reach out to our Denver defective drug attorneys at Boesen Law. We have decades of experience pursuing personal injury and wrongful death claims against major pharmaceutical giants and other liable parties, as well as a long track record of success in complex product liability claims.
What Makes a Drug Defective?
Most pharmaceutical drugs and over-the-counter medications carry some risk of side effects. These side effects can range from mild to severe, but they do not necessarily mean that a specific drug is defective.
In fact, a drug may be considered defective only if it contains one of the following flaws:
- Defective Design: A defectively “designed” drug poses an inherent and unreasonable risk of foreseeable injury with normal, typical use. Medications must be properly tested, and their side effects must not outweigh their benefits. Those that contain extreme, unreasonable risks when used correctly/as intended could be considered defective.
- Defective Manufacturing: Medications must be carefully formulated and manufactured to ensure consumer safety. When a drug is properly tested and does not contain excessively dangerous side effects, but it is improperly manufactured or becomes contaminated during production, causing it to pose a serious risk to consumers, it may be considered defective.
- Defective Labeling/Marketing: Drugs must undergo rigorous testing for specific uses. When medications are prescribed or dispensed for off-label, untested uses, they may be considered defective. The same is true of medications that are missing warning labels and other information regarding side effects, possible drug interactions, and general consumer safety.
At Boesen Law, we know how to investigate claims and determine whether a drug contained a defect, as well as whether this defect caused our client’s injuries and resulting damages. We often work with expert witnesses, including medical professionals, who provide supportive testimony and evidence on behalf of our clients’ cases.
Does the FDA Test Pharmaceutical Drugs?
While the U.S. Food and Drug Administration (FDA) verifies whether pharmaceutical drugs are safe for consumers, it does not actually test these medications. Instead, the FDA relies on data provided by the pharmaceutical companies to determine whether various medications should be permitted onto the consumer market.
In most cases, pharmaceutical companies are the ones responsible for testing new drugs and providing data regarding the safety of those drugs to the FDA. This can—and does—result in a conflict of interest, with many pharmaceutical companies downplaying the negative effects of a drug while highlighting its positive effects. Some pharmaceutical companies even push drugs through expedited trials in order to get them onto the consumer market and begin turning a profit.
When these pharmaceutical giants prioritize profits over public safety, thousands of people can be affected. Often, the adverse effects of a drug are not adequately reported until numerous people have already suffered serious injuries, complications, or fatalities. Even when a pharmaceutical company recalls a defective drug, it can still be held legally liable for victims’ damages.
Who Is Liable for Defective Drugs?
Colorado’s pharmaceutical liability laws allow affected individuals to bring defective drug claims against pharmaceutical companies, manufacturers, and others involved in the chain of production. Determining who is liable for your damages typically comes down to identifying the type of defect the drug has, and which party is responsible for that defect.
Depending on the specific details of your case, any of the following parties could be liable for your damages:
- The pharmaceutical company or parent company
- The manufacturer of the drug
- A testing facility or entity
- A doctor, nurse, or medical provider that prescribed or dispensed the medication
- A hospital, pharmacy, lab, or similar medical facility that administered the defective drug
Proving your case will likely involve proving that you used the medication properly, you were not adequately warned about the potential dangers associated with using the drug, you were injured, and the drug was the cause of your injuries. Our Denver defective drug attorneys at Boesen Law can review the details of your situation to determine whether you have a case and, most importantly, who is liable for your damages.
Types of Defective & Dangerous Drug Cases We Handle
At Boesen Law, we are well-versed in all aspects of defective drug litigation.
Our attorneys frequently represent clients in cases involving the following types of defective and dangerous medications:
- Acid reflux/heartburn drugs
- Acne medications
- Birth control
- Blood thinners
- Diabetes drugs
- Dialysis treatment
- Epilepsy/seizure disorder drugs
- Heart disease medications
- Osteoporosis medications
- Stroke-prevention drugs
Current defective drug class actions and mass torts include cases involving:
Please note that this is not an exhaustive list; if you or someone you love has been harmed by any of these or another type of defective medication, reach out to our firm to learn how we can help.
Boesen Law offers highly personalized and compassionate legal representation, backed by a long history of success. We have extensive trial experience and know how to aggressively pursue maximum compensation for our clients. There are no costs for you when you hire our firm unless/until we secure a settlement or verdict on your behalf.
“They were attentive and responsive, and they got me the results I was expecting. I recommend Boesen Law for your bodily injury claims!”- Joshanna H.
“Jason is not just a paralegal, he is a friend and brother. Dennis Walker is not just a fantastic attorney, he is a loving, considerate, patient fighter of human rights. I will be grateful for Boesen Law until I die. Thank you, I shake as I write this. You ”- Jessica S.
“When needed legal support, they were fully committed to my case. My legal representatives had my back, they were easy to reach, and always responded to my questions/concerns within 24 hours.”- Veronica N.