Dangerous Drugs LawsuitsModern medical research has led to a wealth of medicines that can help improve health and extend life, but many drugs pose dangerous side effects. In these instances, a dangerous drug suit can help you recover compensation.
The strict liability product liability law is applicable to lawsuits involving dangerous drugs which means that the victims don't have to prove that the manufacturer was negligent in making or testing the medication. See the following pages for information about filing a claim, finding an attorney, as well as helpful forms and resources.
Class Actions
Modern medicine has created numerous medications to enhance health and prolong the lifespan. However, these drugs could also carry serious risks. People could be seriously injured or die in the event of. Drug companies should be held accountable for the harms they cause, and an experienced dangerous drugs lawyer can help victims obtain compensation.
When a manufacturer places a drug on the market, they must thoroughly test it and ensure that the product is safe for patients. Unfortunately many drug companies do not adhere to this standard and a number of dangerous medications have been approved by the FDA and have resulted in the harm of thousands of people. In some cases, drugs are not recallable until people have already suffered injuries or even died from the medication.
Dangerous drug lawsuits can be filed separately or into one case that involves hundreds or thousands of plaintiffs. If this happens, it is known as a class action lawsuit. If a class-action lawsuit is involved, the plaintiffs need to give up some control over their individual claims and allow their lawyers to negotiate settlements on their behalf. This process can be complicated and time-consuming.
The average settlement in a drug-related case depends on the severity of the injury and the age of the victim as well as the medical expenses incurred as from the drug. It also varies based on projected income loss as well as projected medical expenses and other aspects. If the lawsuit is successful, the victims could receive a fair and adequate sum to cover their losses.
A skilled and experienced dangerous drug lawyer is crucial to the success of a lawsuit. Choose an attorney who has an excellent track record of representing clients in personal injury claims as well as other legal cases. If you decide to choose a firm, ask about their experience in handling these cases, and request a list with client testimonials.
The attorneys at Berman & Simmons have extensive experience in handling dangerous drugs and other pharmaceutical-related cases and have won some of the largest jury verdicts and settlements in recent years. We invite you to contact us if you or someone you know has suffered injuries as a result of a prescription drug or over-the counter medication. Our lawyers for dangerous drugs will be happy to discuss your case.
Mass Torts
In some instances, risky drugs may cause injury to a small number of people, however the effects they cause are similar. These cases fall under the product liability law which allows injured people a lawsuit against drug makers under strict negligence theories.
Dangerous drug cases can have one defendant or several defendants, depending on the alleged acts which caused their injuries. For instance the case where a drug was manufactured as well as prescribed by a physician and a doctor, both parties could be named in the lawsuit. In such a case the victim must prove that both the doctor and the manufacturer were negligent in producing the medication that ultimately caused their injuries.
Multi-district litigation can be a way to combine many of these lawsuits involving injuries caused by drugs. All cases that have the identical allegations against the same defendant are brought before the same judge to settle the lawsuits quickly and efficiently. The best dangerous drug attorneys will ensure that each claim is considered a separate legal proceeding, and that the plaintiff has more control over the outcome of their case.
Like all personal injury lawsuits such as dangerous or defective drugs, these cases require the assistance of medical experts and specialists to prove that the defendant's actions led to the victim's injuries. This is a major distinction from other types of lawsuits, such as motor vehicle collisions, where it's much easier to demonstrate that drivers ran an red light and hit your car.
It is also important to recognize that the effects of a substance may not be obvious. In fact, many of the dangerous prescription and over-the counter drugs are not recalled or even linked to adverse health effects until thousands or hundreds of individuals have been affected.
Contact a lawyer today for a free consultation in the event that you've experienced serious side effects from any medication. This includes prescription and over-the counter drugs. The most experienced dangerous drug lawyers are on a contingency fee basis, meaning they don't charge charges unless they obtain an agreement in your favor.
Prescription Drugs
Even though many prescription medications are regulated and approved by the FDA but they could have serious or even fatal side effects. In certain cases, the pharmaceutical companies who manufacture and sell these medications may be held responsible for any harm they cause. This type of legal action is referred to as a dangerous drug lawsuit. These cases are typically filed as class actions against the company and are based on evidence of the harm suffered by the plaintiffs. A variety of factors are used to calculate the amount of settlement every plaintiff in a risky drug case, including the nature and extent of the injury, age, medical costs related to the injury and the projected loss of income.
Dangerous drug claims are a form of personal injury claim and are sometimes filed in conjunction with wrongful death claims. In a lawsuit, the victim may be able to recover damages like discomfort and pain, emotional distress, medical expenses, and loss of future income. In cases of death, compensation can also include funeral and burial expenses.
Pharmaceutical companies are the most frequently cited defendants. However, other parties may be held accountable too. A sales representative for instance, may fail to inform doctors of the risks or dangers not listed on a drug label.
Furthermore, manufacturing flaws can also lead to dangerous drug lawsuits. These are situations where something goes wrong during the manufacturing process, like contamination. In these instances other defendants could include the company that invented and distributed the medication as in addition to the manufacturer.
Prescription and over-the-counter medications are safe for most patients when taken as directed. However there are numerous instances each year of prescription medications that are recalled because they pose grave or even fatal risks. When this happens, it's essential to consult an experienced Reading
dangerous drugs attorney drugs lawyer.
Our attorneys will investigate your case and determine if you have a valid claim to damages from a drug manufacturer. We will do everything we can to ensure you receive the most compensation. We provide free consultations to assess your claim.
Over-the-counter drugs
Modern medical research has led to a broad selection of medications to treat illnesses, relieve chronic pain, and enhance our quality of life. However, some drugs have severe side effects that can be dangerous and even life-threatening. You could be entitled to compensation if someone in your family is injured as a result of a medication that you took. A lawyer that specializes in lawsuits against dangerous drugs can assist you in determining if you have a valid case and what to do next.