What Compensation Can I Receive In a Prescription Drug Claim?

Drug manufacturers are liable for ensuring that their drugs are safe for consumers. If you’ve suffered adversely from a prescription drug, you can pursue compensation for your losses. Contact an Ohio drug injury lawyer today.


Thanks to prescription drugs, you can control a condition or cure an illness. Although prescription drugs often improve our health and well-being, they can sometimes cause harm and leave us in a worse position than we were in before we started taking them. If you’ve been hurt by a prescription drug, you may be asking yourself, “what compensation can I receive in a prescription drug claim?” The answer to this question depends on the circumstances of your case.

To determine what compensation you can receive, it is in your best interest to contact the Ohio drug injury lawyers of Kisling, Nestico & Redick today at 1-800-HURT-NOW for a free consultation of your case. To learn more about other legal options, read our personal injury FAQ.

How Prescription Drugs Can Be Dangerous

In Ohio, drug manufacturers are liable for ensuring that their drugs are safe for consumers. However, there are three types of defects that may occur during the process of designing, manufacturing, or selling a drug and lead to a prescription drug claim. Prescription drugs can be dangerous because of the following:

  • Warning Defects- When a manufacturer fails to adequately warn a user about the dangers associated with a drug, a warning defect arises. If a drug contains no warning label, the warning label instructions are unclear, the warning label is attached to the drug in a way that makes it impossible to read, or the warning label included is for a different drug, a manufacturer can be held liable.
  • Design Defects- Some prescription drugs are inherently dangerous in the way they are designed. If there were flaws in the process of formulating a drug that led to dangerous side effects, a design defect is present.
  • Manufacturing Defects- Issues during the assembly or manufacturing of a drug may cause a manufacturing defect. For example, if a manufacturing plant allows contaminants into a drug, there is a manufacturing defect.

Why Defective Drugs Enter the Market

If you’ve been hurt by a dangerous drug, you may be wondering how it entered the market in the first place. The truth is that although the Food and Drug Administration (FDA) is responsible for approving prescription drugs that make it to market, they do not test them.

Drug testing is conducted by drug manufacturers themselves. After a manufacturer tests a drug, they are required to report their findings to the FDA who will then approve or deny the drug. Due to the fact that pharmaceutical companies won’t profit until their drug reaches users, many of them falsify their findings in order to ensure their drug gets approved. Since the FDA doesn’t have the funding or resources to verify the findings of a manufacturer, they often allow an unsafe drug to enter the market.

Damages in Prescription Drug Claims

After taking a defective drug, you may sustain a serious injury or illness that leaves you with costly medical bills, lost wages, and stress. Fortunately, you can recover compensation in a prescription drug claim for the damages you have suffered as a result of a dangerous drug. In a prescription drug claim, you may be able to collect compensation for these types of economic and non-economic losses:

Economic Losses

  • Medical expenses such as doctors’ bills, prescription bills, hospital bills, and rehabilitation bills
  • Lost wages including lost paychecks as an employee, lost profits as a business owner, and future lost wages
  • Lifestyle and mobility expenses such as the costs associated with renovating your home or hiring professionals to accommodate your mobility loss

Non-economic Losses

  • Physical and emotional suffering such as emotional distress and loss of enjoyment of life
  • Loss of companionship or changes in your relationship with your spouse

After a product liability lawyer knows the type of drug you took, how much of the drug you took, whether or not you immediately stopped taking the drug after experiencing side effects, and your medical history, they can help you determine which losses your case qualifies for. This way, you can collect the fair compensation you deserve.

Why You Should Consult a Product Liability Lawyer

In order to secure compensation in a prescription drug claim, you must prove that you used the drug, you were injured, the drug was defective or you weren’t properly warned about its dangers, and the drug defect or failure to warn led to your injuries.

Since proving this can be difficult, it is important to work with an experienced product liability lawyer. They have a thorough understanding of product liability laws and the resources necessary to prove your claim and ensure you receive the compensation you are be entitled to.

Contact Kisling, Nestico & Redick

If you’ve been sick or seriously injured by a prescription drug, you should reach out to the Ohio product liability attorneys of Kisling, Nestico & Redick right away. We have years of experience representing victims in prescription drug claims involving diabetes drugs, arthritis and pain drugs, blood pressure and cholesterol drugs, birth control drugs, and a variety of other types of drugs.

Contact us today at 1-800-HURT-NOW for a free consultation.