dangerous drugs lawsuits (
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Modern medical research has produced a wealth of medications that can improve health and extend life, but many drugs pose dangers to the user. In these cases, you may be able to get compensation by filing a drug lawsuit.
The strict liability statute for product liability is applicable to lawsuits involving dangerous drugs, which means that plaintiffs don't need to prove that the manufacturer was negligent in conducting tests or manufacturing the drug. The following pages provide details on filing a claim, locating an attorney, as well as helpful forms and sources.
Class Actions
Modern medicine has created a wide range of drugs that can improve the quality of life and prolong it. However, these medicines can also pose serious risks. If they do, users may suffer serious injury or even death. A dangerous drug lawyer who is experienced can help victims receive compensation from drug companies.
When a pharmaceutical manufacturer releases a medicine on the market, they must test the drug thoroughly and ensure that the medication is safe for patients to use. However, not every drug manufacturer follows this standard. A number of dangerous drugs were approved by the FDA that have caused harm to thousands of people. In some instances, the FDA does not recall these drugs until after people have been injured, or even killed from them.
Dangerous drug lawsuits can be filed in a single instance or into a single case involving hundreds or even thousands of plaintiffs. This is referred to as a "class action lawsuit". In a class action, plaintiffs have to surrender some control over their individual claims in order to allow their lawyers to negotiate settlements. This process is often complicated and long.
The average settlement in a dangerous drug case is based on the severity of the injury, the age of the victim, and the medical expenses incurred as a result of the drug. It also depends on the projected loss of income, projected medical expenses, and other factors. If the lawsuit is successful, the victims will receive a fair and adequate sum to cover all their losses.
A good dangerous drug attorney is essential to the success of a lawsuit. It is best to choose an attorney who has experience of defending clients successfully in personal injury claims as well as other legal cases. If you decide to choose the firm, inquire about their track record 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 a loved one has been injured through a prescription or an over-the-counter medication, we encourage you to contact us to discuss your case with a knowledgeable
dangerous drugs lawyer.
Mass Torts
In certain instances, dangerous drugs may cause injuries to a small number of people, however the consequences they cause are the same. These cases fall under the law of product liability law and allow injured victims to file a lawsuit against the manufacturer of the drug under strict negligence theories.
Dangerous drug cases can involve one defendant or multiple defendants, depending on the alleged actions which caused their injuries. If a drug is both manufactured and prescribed to the patient by a physician, then both parties can be named in a lawsuit. In this instance the plaintiff will need to prove the doctor and the manufacturer were negligent in producing, manufacturing, or releasing the medication which ultimately led to the injury.
Multi-district litigation is a method to consolidate many of these cases of injury resulting from drugs. All cases that make the similar allegations against the same defendant are brought before the same judge to resolve the lawsuits more quickly and efficiently. The best dangerous drug attorneys will ensure that each case is considered a separate legal proceeding, and that the plaintiff has greater control over the outcome of their case.
Like the majority of personal injury lawsuits, dangerous or defective drug suits require the assistance of medical specialists and specialists to prove that the defendant's actions are the sole cause of the patient's injuries. This is a significant difference from other types of lawsuits like motor vehicle accidents where it is easier to prove that a driver ran through a red signal and hit your car.
It is also important to know that the effects of a medication may not be immediately apparent. Many of the most dangerous OTC and prescription drugs are not removed until hundreds or even thousands have been affected.
Contact a lawyer today for no-cost consultation in the event that you've experienced serious side effects from any medication. This includes prescription and non-prescription drugs. The most effective lawyers for dealing with dangerous drugs work on a basis of contingency fees. This means that they won't 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 could still cause serious or even life-threatening side effects. In certain cases, the pharmaceutical companies who manufacture and sell these medications may be held responsible for any harm they cause. This kind of legal claim is known as a dangerous drug lawsuit. These cases are typically brought in group actions against companies and are founded on evidence of the harm suffered by the plaintiffs. Many different elements are used to determine a settlement amount for every plaintiff in a drug case, such as the type and extent of the injury and age, medical expenses attributed to the injury and the projected loss of income.
Dangerous drug claims are a type of personal injury claim and often filed in conjunction with wrongful death claims. A lawsuit may seek to recover damages that are unique to the person who was injured, such as suffering and pain, emotional stress, medical expenses, and loss of future earnings. In cases involving death, compensation can also include funeral and burial costs.
Pharmaceutical manufacturers are the most frequently cited defendants. Other parties may also be held responsible. For instance sales representatives could fail to notify doctors of the dangers and dangers that are not listed on a drug's label for certain patient groups.
Manufacturing defects can also lead dangerous drug lawsuits. These are situations when something is wrong with the manufacturing process, like a contaminant. In these instances other defendants could include the company that developed and distributed the medication, as well as the manufacturer.
Most patients are safe if they use their prescription and other over-the-counter medicines according to the directions. Unfortunately there are numerous instances each year of prescription drugs that are recalled because they pose serious or fatal risks. If this happens, it is crucial to speak with an experienced Reading dangerous drugs lawyer.
Our lawyers will review the matter and determine if you have a valid claim against a pharmaceutical company for damages. We will do all we can to ensure that you receive the most compensation. We provide free consultations to assess your claim.
Over-the-counter Drugs
Modern medical research has led to the development of a wide range of medications that alleviate chronic pain, and enhance our quality of living. Certain medications can cause hazardous side effects, even if they aren't life-threatening. If you or someone you love has been injured due to a medication you used, you may be entitled to compensation. A lawyer who specializes in dangerous drug lawsuits can help you determine if have a valid claim and what you can do next.