When it comes to drug-related injuries, people mostly target manufacturers for compensations. However, manufacturers aren't the only people who may be liable for drug-related injury claims; drug marketers have their share of the blame too. For example, drug marketers may be liable for your injuries if they commit any of these three mistakes:
Lie about Side effects
The federal government requires all drug advertisements to mention the risks associated with their drugs. A drug marketer becomes liable for your injuries if it lies about its product's side effects, and the lie leads to your injury.
Lying about a drug's side effects can take many forms. For example, a drug marketer can downplay a serious risk and make it look like a minor issue that people shouldn't worry about too much. There are also lies of omissions, where marketers fail to mention the side effects of their products. Consider a drug that increases the risk of a heart attack. If a marketer omits such a crucial piece of information, it may be held liable for the heart attacks of consumers of the drug.
Make Unsubstantiated or Exaggerated Claims
Drug companies sometimes try to sell their products by mentioning how many people have benefited from the drugs. For example, a drug company can claim that over 80% of patients taking a certain drug improve after two weeks. A marketer making such bold claims should have the research data to back it up. This is because you can rely on the information and hope that you will get well a fortnight after taking the drug. The marketer will be in trouble if it later turns out that the claim was unsubstantiated.
Target the Wrong Patients
Finally, a drug marketer can also be on the hook for targeting the wrong demographic with their marketing information. For example, a drug meant for strengthening the immunity of HIV-positive patients shouldn't be targeted at cancer patients if it doesn't help the latter. After all, the Federal Drug Administration (FDA) approves drugs for specific health conditions; blanket approval doesn't exist. Targeting the wrong patients can result in injuries if the effects of the drug on other patients (other than the approved users of the drug) have not been studied.
Note that with personal injury lawsuits; you only have the right to compensation if you can prove that the defendant's negligence caused your injury. In drug marketing, you need to tie the advertisement to your injury. Consult an experienced attorney, like GSJones Law Group, P.S., to help you do that.Share