Dangerous Drugs Lawsuits
Modern medical research has produced many drugs that can improve your health and extend life however, many of them can cause dangerous side effects. In these cases the risk of a dangerous drug suit can help you recover compensation.
The strict liability product liability law applies to lawsuits involving dangerous drugs and, therefore, plaintiffs don't need to prove that the manufacturer was negligent in making or testing the medication. Visit the following pages to find out more about filing a claim or finding an attorney. There are also useful forms and other resources.
Class Actions
Modern medicine has created many medications that enhance health and prolong the lifespan. These drugs could pose serious risks. People can be seriously injured or die if they take. Drug companies must be held liable for these harms, and an experienced dangerous drug lawyer can assist victims in obtaining compensation.
When a manufacturer puts an item on the market they must test it thoroughly and ensure that the drug is safe to use by patients. Unfortunately there are many drug makers who do not adhere to this standard and dozens of dangerous drugs have been approved by the FDA and have resulted in the harm of thousands of people. In some cases, these drugs are not recallable until people have suffered injuries or even died from the drug.
The lawsuits for dangerous drugs can be filed individually, or they may be combined into one lawsuit that involves hundreds or thousands plaintiffs. When this occurs, it is known as a class action lawsuit. If a class-action lawsuit is involved, the plaintiffs have to give up some control over their individual claims and let their lawyers to negotiate settlements on their behalf. This process is often complicated and lengthy.
The amount of settlement in a
dangerous drugs case is contingent upon the severity of injury, age of the victim, the medical expenses incurred due to the drug, projected loss of income and other aspects. If a lawsuit is won the victims will be able to recover an amount that is fair and adequate to compensate for their loss.
A reputable attorney who is skilled in dangerous drugs is essential to the success of the lawsuit. Choose an attorney who has an impressive track record of representing clients in personal injury claims and other types legal cases. Ask about the firm's history in handling these cases and ask for a list of 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 urge you to contact us to discuss your case with an experienced
dangerous drugs lawyer.
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 and permit injured victims to bring a lawsuit against drug manufacturers under strict negligence theories.
In cases involving dangerous drugs, there may be a defendant or several in the event of what is believed to have caused the injuries. If a medication is manufactured and prescribed to a patient by a doctor and a doctor, both parties could be named in a lawsuit. In this scenario the victim will need to prove the manufacturer and doctor were negligent in producing or manufacturing the medication that ultimately resulted in the injury.
Many of these drug-related injuries can be combined into multi-district litigation (MDL) in which all cases in which the same allegations are made against one defendant are brought to court under the same judge to allow for faster and more efficient resolution of the lawsuits. However, the most legal counsel for dangerous drugs will make sure that each claim remains a separate legal proceeding and that the plaintiff has greater control over the decision-making process.
Like all personal injury lawsuits, dangerous/defective drugs cases require the use medical professionals and experts to prove that the defendant's actions resulted in the victim's injuries. This is a major distinction from other types of lawsuits such as motor vehicle collision cases in which it is simpler to prove that drivers ran an red light and hit your vehicle.
It is also important to know that the effects of a substance may not be immediately apparent. Many dangerous OTC and prescription medications are not recalls until thousands or hundreds of people have been affected.
If you've had serious side effects from any medication such as prescription or over-the-counter medications, contact a lawyer for a free consultation today. The best lawyers for dealing with dangerous drugs work on a basis of contingency fees. This means they won't charge you any fees unless they secure a financial settlement for you.
Prescription Drugs
Although many prescription drugs are regulated and approved by the FDA, they can still have serious or even fatal adverse effects. The pharmaceutical companies that make and sell these drugs could be held responsible for the damage they cause in certain instances. This kind of legal claim is known as a dangerous lawsuit. These lawsuits are usually filed as class actions against the company and are based on evidence of the damage suffered by the plaintiffs. In a case involving a risky drug, settlement amounts are calculated by a variety of factors, including the nature of injury, its severity and the age of the plaintiff, the medical costs that are associated with the injury and the anticipated loss of income.
Dangerous drug claims can be filed as part of a personal injury claim. They are typically filed along with claims for wrongful death. A lawsuit can seek damages that are unique to the injured party, such as emotional distress, medical expenses and loss of future earnings. In cases involving death, compensation may include funeral and burial costs.
The most common defendants in lawsuits involving dangerous drugs are pharmaceutical manufacturers. However, other parties can be held accountable too. For example a sales representative could fail to inform doctors of the risks and dangers that are not identified in a drug's label for certain patient groups.
Manufacturing defects can lead to dangerous drug lawsuits. These are instances where something occurs during the manufacturing process, for example, a contaminant. In these cases other defendants could include the company that developed and distributed the medication as well as the manufacturing company.
Most patients are safe if they take their prescription and over-the counter medications as directed. Unfortunately there are numerous instances each year of prescription medications that are recalled due to the fact that they pose severe or even fatal risks. It is essential to speak with an Reading dangerous lawyers for drugs when this happens.
Our lawyers will investigate your case and determine whether you have a valid claim for damages from a drug manufacturer. We will do all we can to ensure you get the maximum amount of compensation. We offer no-cost consultations to help you evaluate your claim.
Over-the-counter drugs
Modern medical research has led to a broad variety of medicines that treat illnesses, relieve chronic pain, and increase our living quality. Some drugs can have hazardous adverse effects, even when they aren't life-threatening. If you or someone you love has been injured by a medication you took, you may be entitled to compensation. A lawyer who specializes in lawsuits involving dangerous drugs will be able to assist you in determining if you have a valid case and what you can do next.