ETHEX Corp's Oversized Drug Recall: You May Be Entitled To These Damages
Patients injured by oversized generic narcotics, cardiac drugs, prenatal and iron supplement products put into the marketplace by the ETHEX Corporation, a subsidiary of KV Pharmaceuticals, may be entitled to compensatory damages as well as those related to any physical and emotional injuries they've suffered. Our legal expert explains.
Have you been injured?
If you've been injured by an accidental overdose of generic drugs placed on the market by ETHEX, Dan Thornburgh, a Florida products liability attorney whose firm represents those injured by dangerous or defective drugs, says that you may be entitled to compensation. He explained:
"Each situation needs to be looked at on a case-by-case basis, but generally speaking, a person or patient injured by a defective drug can receive compensatory damages, which are damages related to out of pocket expenses, as well as damages related to their physical and emotional injuries that they've suffered as a result of their injury."
If it's a loved one who was injured, many states allow both the injured victim and the family member to be compensated for their loss of consortium, or loss of services, that may have occurred as a result of the loss. In a wrongful death case, beneficiaries or the estate may be compensated for the loss suffered from the death.
Punitive Damages Available for Egregious Conduct
In addition to the damages described above, Thornburgh says that punitive damages, those awarded to punish the wrong-doer or to deter other corporations from engaging in the same or similar conduct, may be available to injured victims or the families of loved ones who died due to overdosing. In fact, Thornburgh says that he would seek punitive damages against the company in this situation as the publicly available information alone suggests egregious conduct or a total disregard for the safety and well being of others.
Making Sure You Meet the Statute of Limitations
In order to maintain the possibility of receiving any damages at all, Thornburgh stresses that not only should injured victims seek the proper medical treatment, but they should also act promptly to find a qualified and experienced attorney to represent them as every state has its own statute of limitations – or time period in which to file a lawsuit – so that they don't lose their right to bring a lawsuit against these manufacturers.