The medication that was supposed to help your loved one with their medical condition had instead contributed to their death. As you struggle with grief and disbelief, questions flood your mind. How could this happen? Was the medication defective? Should the doctor have known about the risks?
Our Anderson wrongful death lawyer understands the devastating impact of losing someone you love due to a dangerous drug or medical device. While no legal action can bring your family member back, pursuing a wrongful death claim may provide financial support during this difficult time and hold responsible parties accountable.
Understanding Pharmaceutical Liability
Pharmaceutical liability refers to the legal responsibility of drug manufacturers, distributors, pharmacists, and health care providers when medications cause harm or death. These cases differ significantly from other personal injury matters because they often involve large corporations and complex scientific evidence.
South Carolina law acknowledges that manufacturers of medications and medical devices must ensure their products are reasonably safe when used as directed. When they fail to fulfill this legal duty and a wrongful death results, the manufacturer may be held responsible under product liability laws.
In pharmaceutical liability cases, the deceased's family must generally show that:
- The drug or medical device was defective or unreasonably dangerous
- The defect existed when it left the manufacturer's control
- The defect was the direct cause of death
- The product was being used as intended or in a reasonably foreseeable manner
Several key parties could potentially bear responsibility for the wrongful death, including the pharmaceutical company, testing laboratory, marketing firm, prescribing doctor, and dispensing pharmacy.
How FDA Recalls Impact Wrongful Death Claims
FDA recalls occur in three classes based on the level of danger posed:
- Class I. Products could cause serious injury or death.
- Class II. Products might cause temporary health problems.
- Class III. Products violate FDA regulations but are unlikely to cause harm.
A recall, especially a Class I recall, can serve as powerful evidence in a wrongful death lawsuit. It demonstrates that the FDA determined the drug posed significant risks, which can help establish negligence.
The timing of the FDA recall in relation to your loved one's death matters greatly. If the recall occurred before your family member was prescribed the medication, this could strengthen claims against healthcare providers who should have been aware of the dangers. Even FDA-approved drugs can lead to liability if the company concealed information during the approval process or learned of dangers after approval but failed to take appropriate action.
Differences Between Pharmaceutical and Typical Wrongful Death Claims
Pursuing justice for a medication-related death presents unique legal challenges not found in other wrongful death cases. These distinctions affect everything from the evidence required to the experts needed and can significantly impact how your case proceeds.
Proving Causation
Pharmaceutical wrongful death cases present unique challenges when establishing the critical link between the medication and the death. Unlike a car accident where injuries directly follow the impact, drug reactions can be subtle, delayed, or mistaken for other conditions.
For families in South Carolina seeking justice, this means gathering extensive medical evidence. Pharmacologists, toxicologists, medical specialists, or other expert witnesses must explain how the properties of the drug or medical device led to the fatal outcome.
Consider a situation where an Anderson resident dies after taking a blood pressure medication that was later recalled for containing a carcinogenic contaminant. The family would need to prove that this specific contaminant, and not the person's underlying heart condition, ultimately caused the death.
Statute of Limitations
Under South Carolina Code § 15-3-530, wrongful death claims generally must be filed within three years of the date of death. However, pharmaceutical cases may benefit from the discovery rule outlined in § 15-3-535. In these cases, the clock only starts ticking when the connection between the drug and the death is discovered or should have been discovered.
Additionally, South Carolina's statute of repose places an absolute deadline of six years from when the product was purchased, regardless of when the harm was discovered.
Expert Testimony
Expert witnesses play a pivotal role in wrongful death cases involving pharmaceutical liability. These specialized professionals become the voice explaining complex scientific concepts to judges and juries.
In South Carolina courts, pharmaceutical cases typically require multiple categories of expert witnesses, including:
- Medical experts who can establish the link between the drug and the fatal outcome
- Pharmaceutical experts who can explain how the medication was defective
- Regulatory experts familiar with FDA requirements and industry standards
- Economic experts who can calculate the financial impact of the loss
Holding Pharmaceutical Companies Accountable
South Carolina law provides three distinct legal frameworks for holding pharmaceutical companies responsible:
- Strict liability. The focus is on proving the product itself was defective, regardless of how careful the manufacturer was.
- Negligence. Plaintiffs must show that the drug company failed to exercise reasonable care in testing, manufacturing, or monitoring side effects.
- Breach of warranty. This covers both explicitly expressed guarantees made in marketing and implied promises that the drug was safe for its intended use.
South Carolina allows families to seek punitive damages beyond standard compensation when pharmaceutical companies engage in particularly reckless behavior. These damages serve to punish wrongdoers and deter similar conduct in the future.
When Healthcare Providers Share Responsibility
Doctors who prescribe medications that result in fatal outcomes aren't automatically guilty of medical malpractice, but they may share responsibility when their actions fall below the standard of care. A physician must take reasonable steps to ensure patient safety, including reviewing the patient's history, checking for potential drug interactions, and informing patients about significant risks.
Pharmacists serve as the final safety check before medications reach patients. In South Carolina, pharmacies can be held liable when dispensing errors contribute to fatal outcomes, such as:
- Dispensing the wrong medication
- Providing the correct drug but in an incorrect dosage
- Failing to identify dangerous drug interactions
- Not providing adequate counseling about serious side effects
Compensation Available to Surviving Family Members
Under South Carolina Code § 15-51-20, the personal representative of the deceased person's estate files the wrongful death claim. This is typically for the benefit of specific family members, namely the spouse and children.
Wrongful death compensation in South Carolina may include:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of the deceased's expected income and benefits
- Mental anguish and emotional suffering
- Loss of companionship, guidance, and support
- The deceased's conscious pain and suffering before death (through a survival action)