Dangerous Drugs & Products

When shopping at your local pharmacy or drugstore, we would all like to believe that any product available over-the-counter—or even with a prescription—is safe when used as recommended by medical professionals.

Unfortunately, with over 30 years of experience in pharmaceutical litigation across the country, I’ve found this is far from the truth.

All too often, prescription drugs are rushed through the FDA’s trials and approval process, putting you at risk for drugs that were not properly tested. Sadly, hurried and careless drug approvals result in thousands of deaths each year in the U.S., with countless others suffering from harmful reactions and debilitating side effects.

What can you do if you were injured by a harmful prescription drug?

If you are the victim of a dangerous drug, there are likely many questions fueling your frustration. How did this happen to me? Why is this drug available to the public if it’s harmful? Is the pharmaceutical company at fault, or is my doctor/pharmacist to blame? Is there some sort of justice I can seek?

To answer these questions and seek the compensation you deserve, you need someone on your side who truly understands the pharmaceutical industry, laws, and litigation process. As an experienced drug injury attorney, I will fight for your rights as a victim, carefully guiding you through the legal process each step of the way.

At many large pharmaceutical litigation firms across the country, your case will likely be handed off to an associate attorney or paralegal. In some circumstances you will hardly—if ever—speak directly with the attorney in charge of your case.

I believe you deserve personal attention and the opportunity to ask your lawyer any question you have throughout the entire legal process. From the minute we meet, you will have direct access to me. I encourage you to learn more about me, to read about my work, and to hear what my past clients say about working with me.

What about injuries caused by dangerous or defective products?

In addition to representing people who were injured by dangerous pharmaceutical drugs, I also help people who have been hurt by dangerous or defective products.

Anything marketed and sold to the public is a “product” and manufacturers and distributors owe a duty of care to warn consumers and protect them from preventable harm.

Manufacturers and distributors can be held responsible if they allow a defective product to reach a consumer and the consumer is injured. There are three ways an experienced product liability lawyer can prove that a product was defective.

• Defective Design – A design defect is present in the product before it has even been manufactured. Design defects refer to products that, even when made according to the designers’ and manufacturers’ specifications, pose a risk of injury to consumers. Yet despite these risks, the company chose to make and sell the product anyway. Cars that are top-heavy and flip over when turning sharply, chairs that tip over too easily, or a coffee cup with a bottom that melts when hot liquid is poured inside are all examples of defectively designed products.
• Manufacturing Defect – A manufacturing defect occurs while the product is being made. A manufacturing defect is often an unintentional mistake that causes the product to be more dangerous than when originally designed. Examples of manufacturing defects include using faulty screws, bolts, or fasteners, contaminated food products, improperly assembled parts or materials, or incorrectly installing wires or circuits.
• Marketing Defects – Marketing defects occur when a product is sold without adequate instructions for safe use. The root of these defects comes from the way the product is marketed to the consumer, such as improper labeling or inadequate safety warnings.

Faulty medical devices, hazardous recreational equipment, dangerous tools and lawn or garden equipment, harmful toys, and contaminated food are all examples of defective products that have injured consumers.

If a manufacturer or distributor causes a defective product to reach a consumer and the consumer is injured, the manufacturer or distributor can be held strictly liable.

What is strict liability?

Strict liability laws in Ohio and across the country state that the manufacturer or distributor of defective products and harmful prescription drugs are responsible for harm caused by their products, even if they took steps to prevent the defect. The injured consumer is entitled to compensation without proving that the defendant was negligent.

In a typical negligence case, the injured victim must prove duty, breach of duty, and causation. But in a products liability lawsuit, the plaintiff can win simply by proving that the product was defective and injured the consumer.

If you or a loved one has been injured by a dangerous drug or product …

If you or a loved one have been injured by a dangerous drug or product, contact Brian K. Balser Co. LPA today for the experienced—and personalized—help and guidance you need. Based in Elyria, Ohio, I represent clients locally and throughout the country.

Current Investigations