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Modern medical research has resulted in many of medications that can help improve your health and extend your life. However, many drugs come with dangerous adverse effects. In these cases, you may be able to recover compensation by filing a drug lawsuit.
The strict liability product liability law applies to dangerous drug lawsuits, which means that plaintiffs don't need to prove that the manufacturer was negligent when conducting tests or manufacturing the drug. Check out the following pages for details on filing a claim, locating an attorney, and helpful forms and sources.
Class Actions
Modern medicine has produced numerous medications to improve health and extend life. These drugs could pose serious risks. If they do, users may suffer serious injury or even death. Drug companies must be held accountable for the harms they cause, and an experienced dangerous drug lawyer can assist victims in obtaining compensation.
When a manufacturer puts a drug on the market, they must thoroughly test it and ensure that the product 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 been injured or killed by the drug.
The lawsuits for dangerous drugs can be filed individually or they could be consolidated to one lawsuit that involves hundreds or thousands of plaintiffs. This is known as a "class action lawsuit". In the course of a class lawsuit, the plaintiffs are required to give up a portion of control of their individual claims to allow for their lawyers negotiate settlements. This process can be complicated and lengthy.
The average amount for settlement in a dangerous drugs case varies depending on the severity of the injury and the age of the victim, medical costs incurred by the drug, the anticipated loss of income and other elements. If the lawsuit is successful the victims can recover a fair and adequate sum to cover their losses.
A skilled and experienced dangerous drug lawyer is crucial to the success of a lawsuit. Choose an attorney who has an excellent track record of representing clients in personal injuries claims and other types legal cases. When choosing an attorney, inquire about their experience in handling these cases, and request a list of their 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. We encourage you to reach us if you or someone you love is injured as a result of prescription or over-the counter medication. Our dangerous drugs lawyers are available to discuss your case.
Mass Torts
In some cases, dangerous drugs can cause injuries to only a limited number of people, but the consequences they cause are the same. These cases fall under the product liability law, which permits injured patients to pursue a lawsuit against the manufacturer of the drug under strict negligence theories.
Dangerous drug cases can include one or more defendants, depending on the actions which caused their injuries. If a drug is manufactured and prescribed to a patient by a doctor, then both parties can be named in a lawsuit. In this case, the injured party will need to prove the doctor and manufacturer were negligent when it came to making or manufacturing the medication which ultimately resulted in the injury.
Many of these drug-related injury claims can be combined into multi-district litigation (MDL) in which all cases in which the same allegations are made against one defendant are heard under the same judge to facilitate quicker and more efficient resolution of the lawsuits. The most effective dangerous drug attorneys will ensure that each case is treated as a separate legal action, and the plaintiff has more control over the outcome of their case.
Like all personal injury suits, dangerous/defective drugs cases require the assistance of medical experts and specialists to prove that the defendant's actions led to the patient's damages. This is an important distinction from other types of lawsuits like motor vehicle collisions where it's much simpler to prove that the driver ran an red light and hit your car.
It is also important to recognize that the effects of a substance might not be apparent immediately. In fact, many of the dangerous prescription and over-the-counter drugs aren't recalled or linked to adverse health effects until thousands or hundreds of individuals have been affected.
If you've suffered severe side effects from any medication, including prescription and over-the-counter medications, contact an attorney for a free consultation today. The best dangerous drug lawyers work on a contingency fee basis. This means that they won't charge you any fees unless they secure a financial settlement on your behalf.
Prescription Drugs
Even though many prescription medications are regulated and approved by the FDA, they can still have serious or even fatal adverse consequences. The pharmaceutical companies that make and market these medications can be held accountable for the negative effects they cause in certain instances. This type of legal claim is called a dangerous drug lawsuit. These lawsuits are usually brought in group actions against a company and are based on evidence of the harm suffered by the plaintiffs. In a case involving a risky drug, settlement amounts are calculated according to a variety of factors, including the type of injury, its severity of the injury, the age of the plaintiff, the medical costs related to the injury and the projected loss of income.
dangerous drugs lawyers drug claims can be filed as part of a personal injury lawsuit. They are typically filed along with claims for wrongful deaths. A lawsuit can seek damages that are exclusive to the victim like suffering and pain, emotional stress, medical expenses, and loss of future earnings. In the event of death, compensation can include funeral and burial expenses.
Pharmaceutical companies are the most common defendants. However, other parties can be held responsible as well. A sales representative for instance, dangerous drugs lawyers may fail to inform doctors of the dangers or dangerous drugs lawyers risks not stated on a label for a medicine.
Furthermore, manufacturing flaws can also lead to dangerous drug lawsuits. In these cases, something goes wrong in the manufacturing process. For example contamination. In these instances, additional defendants may include the company that invented and distributed the medication as well as the manufacturing company.
Prescription and over-the-counter medications are safe for most patients when taken according to the directions. Every year there are many dozens of prescription drugs that are recalled because of their fatal or severe risks. When this happens, it is crucial to speak with an experienced Reading dangerous drug lawyer.
Our lawyers will investigate your case and determine if you have a valid claim for damages from a pharmaceutical manufacturer. We will work to secure the highest amount of compensation on your behalf. We provide free consultations for the evaluation of your claim.
Over-the-counter drugs
Modern medical research has led to a wide range of medications that help treat illness, ease chronic pain, and improve our quality of living. However, some medications have severe side effects that can be life-threatening and dangerous. If you or someone you love has been injured by a medication you took you could be entitled to compensation. A lawyer who deals with dangerous drug lawsuits can help you determine whether you have a valid claim and what steps you should take next.
While most cases that involve dangerous drugs involve pharmaceutical companies, other defendants could be held responsible for injuries caused by a particular medication. This includes pharmacists who give dangerous drugs without labeling it or informing the patient about possible side effects and interactions with other prescription or over-the-counter drugs. Physicians who prescribe a medicine that later discovers to be harmful could be held responsible for the harm they cause to their patients.
It is important to consult with an experienced Reading dangerous drug attorney to discuss your options, whether you're suffering from complications due to prescription or over the counter medication. In a no-cost consultation, your lawyer can discuss the law that governs dangerous drug lawsuits and help you determine whether you have a valid claim for damages. You may be entitled to compensation for past and future losses resulting from your injury. This includes medical expenses, lost wages as well as discomfort and pain.
Many personal injury lawyers who handle dangerous drug cases charge on a contingency fee basis. This means they will not charge you for their services until they are successful in your case. They will evaluate your claim and provide you with an honest evaluation of your chances of obtaining compensation.
Although all drugs are subjected to rigorous testing and clinical trials prior to their approval for sale, the most serious dangers can be discovered after the drug is aggressively marketed and prescribed by millions of people. If you have been injured by a dangerous drug attorney can help you recover an appropriate amount of compensation from the maker of the drug.
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