Dangerous Drugs Lawsuits
Modern medical research has produced a wealth drugs that can improve your health and prolong your life. However, many drugs have harmful adverse effects. In these cases, you may be able to get compensation by filing a dangerous drug lawsuit.
The strict liability law on product liability applies to lawsuits involving dangerous drugs, which means that victims don't have to prove that the manufacturer was negligent when making or testing the medication. Check out the following pages for details on filing a claim, finding an attorney, and other helpful forms and resources.
Class Actions
Modern medicine has produced numerous drugs that can improve the quality of life and prolong it. However, these drugs are also a risk. Patients can be seriously injured or die when they do. A dangerous drugs lawyer who is experienced can help victims get compensation from drug companies.
When a company puts a medication on the marketplace, they must test it thoroughly and ensure that the medication is safe for patients. Unfortunately, not all drug manufacturers adhere to this standard and dozens of dangerous drugs have been approved by the FDA and have ended up harming thousands of people. In some instances, these drugs are not recalled until patients have suffered injuries or even died from the drug.
The lawsuits for dangerous drugs can be filed individually, or they can be combined into a single case that involves hundreds or thousands of plaintiffs. This is known as a "class action lawsuit". In the course of a class action, plaintiffs are required to give up a portion of control of their individual claims in order to allow their lawyers to negotiate settlements. This process can be complicated and time-consuming.
The average amount for settlement in a dangerous drugs case varies depending on the severity of injury and the age of the victim, the amount of medical expenses incurred due to the drug, the projected loss of income, and other aspects. If the lawsuit is successful, the victims can recover a fair and adequate sum to cover all their expenses.
A good attorney who specializes in dangerous drugs is crucial to the success of a lawsuit. You should select an attorney with experience of successfully representing clients in personal injury cases and other legal matters. Ask about the firm's history in handling these cases and request a list 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. If you or a loved one has been injured due to a prescription or a non-prescription medication, we encourage you to contact our office to discuss your case with a skilled dangerous drugs lawyer.
Mass Torts
In some instances, risky drugs may cause harm to a limited number of people. However, the harms that they cause are often the same. These cases fall under the product liability law which allows injured people to file a lawsuit against drug companies under strict negligence theories.
In cases involving dangerous drugs there could be a defendant or several according to the alleged cause of the injuries. For example the case where a drug was manufactured as well as prescribed by a physician, both of these parties could be named in the lawsuit. In this instance the plaintiff would have to prove that the doctor and manufacturer were negligent in producing, manufacturing, or releasing the drug that ultimately caused the injury.
Many of these drug-related injuries can be consolidated into multi-district lawsuit (MDL) in which all cases where the same allegations are made against a defendant are heard with the same judge in order to facilitate quicker and more efficient resolution of the lawsuits. However, the most legal counsel for dangerous drugs will ensure that each claim remains a distinct legal proceeding and that the plaintiff retains greater control over the case outcome.
Like any personal injury suit such as dangerous or defective drugs, these cases require the use medical professionals and experts to prove that the defendant's actions caused the patient's damages. This is a key distinction from other types of lawsuits such as motor vehicle collisions where it is easier to prove that a driver drove through a red light and hit your car.
It's also important to recognize that it is not necessarily immediately obvious when a person has been injured by a drug that they took, since the injuries may not show up immediately. In fact, many dangerous prescription and over-the-counter drugs are not recalled or linked to adverse health effects until hundreds or thousands of individuals have been affected.
If you've had severe side effects from any medication, including prescription and over-the-counter drugs, consult a lawyer for a free consultation today. The best lawyers for dealing with dangerous drugs work on a contingency-based fee basis. This means they will not charge you any fees unless they get a financial settlement for you.
Prescription Drugs
A variety of prescription drugs are approved by the FDA However, they may still cause serious or even life-threatening adverse effects. In some cases the pharmaceutical companies that make and sell these drugs may be held accountable for any harm they cause. This type of legal claim is called a
dangerous drugs law firms drug lawsuit. These cases are often filed in group actions against companies and are founded on evidence of damage suffered by the plaintiffs. In a drug case that is dangerous, settlement amount is calculated by a variety of factors, including the type of injury, the severity of the injury, the age of the plaintiff, the medical expenses related to the injury and the expected loss of income.
Dangerous drug claims are a form of personal injury claim. They are sometimes filed in conjunction with claims for wrongful death. In a lawsuit, the person who suffered may seek compensation for pain and discomfort, emotional distress, medical costs and loss of future income. In the event of a death, compensation may include funeral and burial expenses.
The most common defendants in lawsuits involving
dangerous drugs are pharmaceutical manufacturers. However, other parties could be held liable as well. A sales representative for instance, could fail to inform doctors of the dangers or risks not listed on a drug label.
Moreover, manufacturing defects can cause dangerous drug lawsuits. These are situations where something is wrong with the manufacturing process, such as a contaminant. In these instances, additional defendants may include the company that invented and distributed the medication, as in addition to the company that manufactured it.
Most patients are safe when they take their prescription and over-the-counter medications as directed. Unfortunately, there are dozens of examples each year of medications that are recalled because they pose serious or even fatal risks. If this happens, it is important to contact an experienced Reading
dangerous drugs lawyers drugs lawyer.
Our attorneys will investigate your case and determine whether you have a valid claim to damages from a drug manufacturer. We will work to secure maximum compensation on your behalf. We provide free consultations for evaluating your claim.
Over-the-counter drugs
Modern medical research has led to a wide variety of medicines that alleviate chronic pain, and increase our quality of life. Certain medications can cause hazardous adverse effects, even if they are not life-threatening. If you or someone you love has been injured due to a medication you used and suffered harm, you could be entitled to compensation.