Defective Drugs Lawyer
Defective Drug Attorneys in NC, SC & GA
Pharmaceutical companies have a responsibility to ensure that their drugs are safe and effective before bringing them to market. When they rush drugs through testing, conceal known side effects, engage in deceptive marketing, or fail to provide adequate warnings, patients can suffer serious injuries and death. At Dr. Ted Injury Law, our defective drug lawyers hold pharmaceutical companies accountable for the harm their unsafe products cause to patients across North Carolina, South Carolina, and Georgia.
Defective drug cases are among the most complex areas of product liability law. They often involve massive pharmaceutical corporations with armies of lawyers and billions in resources. Our firm has the expertise, experience, and financial resources to take on these corporate giants and fight for justice for our clients.
Types of Defective Drug Claims
- Dangerous side effects — Drugs that cause serious side effects the manufacturer knew about or should have known about but failed to disclose.
- Inadequate warnings — Failure to warn doctors and patients about known risks and side effects.
- Defective manufacturing — Contamination, incorrect dosages, or quality control failures during manufacturing.
- Off-label marketing — Illegally promoting a drug for uses not approved by the FDA.
- False or misleading advertising — Overstating a drug's benefits or downplaying its risks to doctors and consumers.
Common Types of Dangerous Drug Injuries
- Heart attacks and cardiovascular events
- Stroke
- Liver and kidney damage
- Internal bleeding
- Cancer
- Birth defects from drugs taken during pregnancy
- Suicidal ideation and behavior
- Organ failure
- Stevens-Johnson Syndrome and other severe skin reactions
How Defective Drug Cases Work
Defective drug cases may proceed as individual lawsuits or as part of multidistrict litigation (MDL) when many people are harmed by the same drug. MDLs consolidate cases before a single federal judge for pretrial proceedings, which can increase efficiency and leverage for plaintiffs. Our attorneys evaluate whether your case should be filed individually or joined with an MDL.
State Laws
North Carolina
North Carolina's Products Liability Act (N.C. Gen. Stat. § 99B) applies to defective drug claims. The learned intermediary doctrine may apply, meaning the manufacturer's duty to warn runs to the prescribing physician rather than directly to the patient. Contributory negligence applies. The statute of limitations is 3 years.
South Carolina
South Carolina recognizes strict liability and negligence theories for drug cases. The learned intermediary doctrine applies. Comparative negligence applies. The statute of limitations is 3 years.
Georgia
Georgia applies strict liability and negligence to defective drug claims. O.C.G.A. § 51-1-11 governs product liability. The learned intermediary doctrine applies. Comparative negligence applies. The statute of limitations is 2 years.
FDA Approval Is Not a Defense
Pharmaceutical companies sometimes argue that FDA approval of their drug shields them from liability. In most cases, FDA approval is not a complete defense. Drug companies can still be held liable if they withheld safety data from the FDA, engaged in fraud during the approval process, or failed to update warnings as new safety information emerged.
Compensation
Defective drug victims may recover for medical expenses, lost wages, pain and suffering, emotional distress, and in cases of willful concealment of risks, punitive damages. Contact Dr. Ted Injury Law for a free consultation.
Related Case Results
Our client was driving home from work on Interstate 85 near Charlotte when an 18-wheeler whose driver had exceeded federal hours-of-service limits ran a red light at a highway interchange, causing a devastating multi-vehicle collision. Our client suffered a severe traumatic brain injury, multiple fractures, and required months of intensive rehabilitation. Through exhaustive investigation, we uncovered falsified driver logs and a pattern of safety violations by the trucking company. After a two-week trial, the jury returned a verdict of $12.5 million, one of the largest trucking accident verdicts in North Carolina history.
A 42-year-old mother of three went to a Charlotte-area hospital for a routine gallbladder removal. Due to the surgeon's negligence, her bile duct was severed during the procedure, leading to a life-threatening infection, multiple corrective surgeries, and permanent digestive complications. Our team retained leading surgical experts who testified that the surgeon deviated from the standard of care. The case was resolved through mediation for $9.2 million, providing our client with the resources to cover her ongoing medical needs and compensate her family for the profound impact on their lives.
A commercial truck driver lost control of his vehicle on a steep descent near Asheville when the truck's brakes failed due to inadequate maintenance. The truck struck our client's vehicle head-on, killing the 38-year-old father of two. Our investigation revealed that the trucking company had repeatedly deferred required brake inspections and that the driver had reported brake issues weeks before the accident. We settled with the trucking company and the maintenance provider for a combined $8.7 million for the surviving family.
A construction worker at a high-rise project in downtown Charlotte fell 40 feet when his safety harness, manufactured by a major equipment company, failed due to a defective buckle mechanism. He suffered a catastrophic spinal cord injury resulting in permanent paralysis from the waist down. We pursued claims against both the equipment manufacturer and the general contractor, ultimately recovering $7.8 million through settlement. The case led to a voluntary recall of the defective harness model.