Dangerous Drugs Lawsuits
Modern medical research has created a wealth of medicines that can help improve health and extend life, but many drugs pose dangerous side effects. In these instances, you may be able to obtain compensation by filing a dangerous drug lawsuit.
Dangerous drug lawsuits are brought under strict liability laws for product liability, meaning that victims do not need to prove that the manufacturer was negligent in testing or manufacturing the medication. The following pages provide details on filing a claim, locating an attorney, and other helpful forms and resources.
Class Actions
Modern medicine has produced a wealth of medications to enhance health and prolong the lifespan. These medications can pose serious dangers. When they do, people could suffer serious injuries or even death. Drug companies should be held accountable for the harms they cause, and an experienced dangerous drugs lawyer can help victims obtain compensation.
When a company puts a drug on the market, they must thoroughly test it and ensure that the medication is safe to use by patients. Unfortunately, not all drug manufacturers adhere to this standard, and a number of dangerous medications have been approved by the FDA and resulted in the harm of thousands of people. In some cases, these drugs are not recallable until people have already been injured or killed by the medication.
The lawsuits for dangerous substances may be filed separately, or they could be consolidated to one case that involves hundreds or thousands plaintiffs. If this happens, it is known as a class action lawsuit. If a class action is involved, the plaintiffs have to surrender some control over their individual claims and let their lawyers to negotiate settlements on their behalf. This process can be complicated and time-consuming.
The amount of settlement in a case involving dangerous substances varies depending on the severity of injury, age of the victim, the amount of medical expenses incurred as a result of the drug, projected loss of income and other factors. If a lawsuit is successful, victims can recover an adequate and fair sum to cover their losses.
An experienced attorney who specializes in dangerous drugs is vital to the success of the lawsuit. Make sure you choose an attorney who has an excellent track record of representing clients in personal injury claims and other types legal cases. Ask about the firm's track record 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. We encourage 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
dangerous drugs lawyers will be happy to discuss your case.
Mass Torts
In some cases, dangerous medications may only cause harm to a limited percentage of people. However, the harms that they cause are usually similar. These cases are covered under the law of product liability, and allow injured patients a lawsuit against drug makers under strict negligence theories.
In
dangerous drugs law firms drug cases, there may be one or more defendants depending on what allegedly caused the injuries. For example, if a drug was both manufactured and prescribed by a physician, both of these parties could be named in the lawsuit. In such a case, the injured patient will need to prove both the manufacturer and the doctor were negligent in creating, manufacturing or releasing the medication that ultimately led to their injuries.
Multi-district litigation is a way to consolidate many of these lawsuits involving injuries caused by drugs. All cases that have the same allegations against the same defendant are brought before the same judge in order to settle the lawsuits more quickly and efficiently. The most experienced dangerous drug lawyers will ensure that each claim is treated as a separate legal action, and that the plaintiff has more control over the outcome of their case.
Like all personal injury lawsuits, dangerous/defective drug suits require the use of medical specialists and specialists to prove that a defendant's actions were the direct reason for the damages suffered by a patient. This is a significant distinction from other types lawsuits such as motor vehicle collisions where it is easier to prove that a driver ran through a red light and hit your car.
It is also important to recognize that the effects of a medication may not be obvious. Many of the most dangerous prescription and OTC drugs are not recalled until hundreds or thousands have been affected.
If you've suffered serious side effects from any medication that you take, including prescription and over-the counter drugs, consult an attorney for a free consultation today. The most effective legal counsel for dangerous drugs works on a contingency-based fee basis. This means they will not charge you any fees unless they get an agreement to settle your case.
Prescription Drugs
A lot of prescription medications are approved by the FDA, but they can still cause serious or life-threatening adverse effects. In certain instances, the pharmaceutical companies who make and sell these drugs may be held accountable for any harm they cause. This type of legal claim is referred to as a
dangerous drugs attorneys drug lawsuit. These cases are typically filed in group actions against a company and are founded on evidence of the harm suffered by the plaintiffs. Many different elements are used to determine the amount of settlement for every plaintiff in a drug case, including the nature and degree of injury as well as the age of the plaintiff, medical expenses that are attributed to the injury, and the anticipated loss of income.
Dangerous drug claims may be filed as part of a personal injury lawsuit. They are usually filed in conjunction with claims for wrongful death. A lawsuit can recover damages that are specific to the victim including pain and suffering, emotional stress, medical expenses, and loss of future earnings. In the event of a death, compensation may include funeral and burial expenses.
The most frequently cited defendants in lawsuits involving dangerous drugs are pharmaceutical companies. Other parties can also be held accountable. For example a sales representative could fail to inform doctors about the risks and dangers that are not mentioned in the label of a medication for certain patient groups.
Furthermore, manufacturing flaws can cause dangerous drug lawsuits. These are situations when something occurs during the manufacturing process, for example, contamination. In these instances the manufacturer as well as the company that developed the medication could be listed as defendants.
The prescription and over-the counter drugs are safe for most patients when they are taken according to the directions. Every year there are dozens upon dozens of drugs recalled due to their severe or fatal risks. It is important to speak with an Reading dangerous drug lawyer if this happens.
Our lawyers will review the matter and determine if you have an appropriate claim against a pharmaceutical company for damages. We will do all we can to ensure that you get the maximum amount of compensation. We offer free consultations to evaluate your claim.
Over-the-counter drugs
Modern medical research has produced a wealth of medications that can treat illnesses as well as relieve pain and improve our lives. Some drugs can have dangerous adverse effects, even when they're not life-threatening. You may be entitled compensation if someone in your family is injured as a result of the medication you took.