Dangerous Drugs Lawsuits
Modern medical research has resulted in a wealth of medications that can help enhance your health and prolong your life. However, many of these medications come with dangerous adverse effects. In these cases, you may be able to recover compensation through filing a risky drug lawsuit.
The strict liability law on product liability applies to lawsuits involving dangerous drugs which means that the plaintiffs don't need to prove that the manufacturer was negligent when testing or manufacturing the medication. Check out the following pages for details on filing a claim, finding an attorney, and helpful forms and resources.
Class Actions
Modern medicine has created a wealth of medications to improve health and prolong life. However, these drugs could also carry serious risks. People can suffer serious injuries or die when they do. Drug companies should be held accountable for these harms, and an experienced dangerous drugs lawyer can help victims recover compensation.
When a pharmaceutical company introduces a drug to the market, they must examine the drug thoroughly and ensure that the medication is safe for patients to take. 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 caused harm to thousands of people. In some cases, drugs are not recalled until patients have already been injured or killed by the drug.
The lawsuits for dangerous drugs may be filed separately, or they may be combined into a single case that has hundreds or thousands plaintiffs. When this occurs it is referred to as a class action lawsuit. In the course of a class action, plaintiffs have to give up a portion of control over their individual claims to allow for their lawyers negotiate settlements. 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 as a result of the drug, projected loss of income, and other aspects. If a lawsuit is won the victims will be able to recover an adequate and fair sum to cover their loss.
A reputable attorney who is skilled in dangerous drugs is essential to the success of a lawsuit. Choose an attorney who has an impressive track record of representing clients in personal injury lawsuits and other types of legal cases. If you decide to choose the firm, inquire about their experience in handling these cases, and request a list of 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. If you or someone you love has been injured due to a prescription or a non-prescription medication, we suggest to contact our office to discuss your case with a skilled
dangerous drugs lawyer.
Mass Torts
In some cases, dangerous drugs can cause injuries to a smaller number of people, but the effects they cause are similar. These cases fall under the law of product liability law, which allows injured victims to file a lawsuit against the manufacturer of the drug under strict negligence theories.
In cases involving dangerous drugs, there may be a defendant or several depending on what allegedly caused the injuries. If a drug is both manufactured and prescribed to patients by a doctor and a doctor, both parties could be named in a lawsuit. In such a scenario the patient who was injured would need to prove that both the doctor and the manufacturer were negligent in creating the medication that ultimately caused their injuries.
A lot of these drug-related injuries can be combined into multi-district litigation (MDL) which means that all cases where the same accusations are made against a defendant are brought to court with the same judge in order to speed up and facilitate more efficient resolution of the lawsuits. However, the most legal counsel for dangerous drugs will ensure that each individual claim remains a distinct legal proceeding and that the plaintiff retains greater control over the decision-making process.
Like all personal injury lawsuits, dangerous/defective drug suits require the use of medical experts and specialists to prove that a defendant's actions are the sole cause of a patient's damages. This is a significant distinction from other types of lawsuits such as motor vehicle collision cases where it is much simpler to prove that drivers ran through a red light and struck your vehicle.
It is also important to understand that the effects of a substance might not be apparent immediately. In reality, many harmful prescription and over-the-counter medications are not recalled or even associated with adverse health effects until thousands or hundreds of people have been affected.
If you've experienced serious side effects from any medication such as prescription or over-the-counter medications, speak with an attorney for a free consultation today. The most effective lawyers for dealing with dangerous drugs work on a contingency-based fee basis. This means they won't charge you any fees unless they secure an agreement to settle your case.
Prescription Drugs
Even though many prescription drugs are approved and controlled by the FDA however, they may have fatal or serious side consequences. The pharmaceutical companies that manufacture and market these medications can be held accountable for the harm they cause in some cases. This type of legal claim is known as a dangerous lawsuit. These cases are filed as class actions against a company and are based on the evidence of the damages that plaintiffs suffer. In a dangerous drug case settlement amounts are according to a variety of factors, including the type of injury, the severity, the age of the plaintiff, the medical costs related to the injury and the anticipated loss of income.
Dangerous drug claims are a kind of personal injury claim. They can be filed with wrongful death claims. A lawsuit can seek damages that are unique to the victim, such as pain and suffering, emotional distress, medical expenses and loss of future earnings. In the event of death, compensation may also include funeral and burial costs.
The most frequently cited defendants in lawsuits involving dangerous drugs are pharmaceutical companies. However, other parties could be held accountable too. Sales representatives for instance, may fail to inform doctors about the dangers or risks not stated on a label for a medicine.
Additionally, manufacturing defects could cause dangerous drug lawsuits. In these cases, something goes wrong in the manufacturing process. For instance, a contamination. In these cases the manufacturer as well as the company that developed the medication may be added as defendants.
Most patients are safe when they take their prescription and over-the-counter medications as directed. Each year, there are dozens upon dozens of medications that are recalled due to their severe or fatal risks. When this happens, it is crucial to speak with an experienced Reading dangerous drugs lawyer.
Our attorneys will investigate your case and determine whether you have a valid claim to damages from a manufacturer of drugs. We will do all we can to make sure you get the maximum amount of amount of compensation. We provide free consultations for evaluating your claim.
Over-the-counter drugs
Modern medical research has led to a broad range of medications that help treat illness, ease chronic pain, and increase our quality of living. However, certain medications can cause dangerous side effects that could be dangerous and even life-threatening. You may be entitled compensation if you or someone in your family was injured due to an medication you used.