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Modern medical research has resulted in a wealth drugs that can improve your health and extend your life. However, many of these medications come with dangerous adverse effects. In these cases you could be able to recover compensation by filing a drug lawsuit.
The strict liability product liability law applies to lawsuits involving dangerous drugs (just click the next article), which means that victims don't have to prove that the manufacturer was negligent in making or testing the medication. Explore the following pages to learn more about filing a claim or finding an attorney. You will also find helpful forms and sources.
Class Actions
Modern medicine has created numerous medications to improve health and extend life. However, these medicines are also a risk. People could suffer serious injuries or even die when they do. Drug companies must be held accountable for these harms, and an experienced dangerous drug lawyer can help victims obtain compensation.
When a company puts an item on the market they must thoroughly test it and ensure that the drug is safe to use by patients. Unfortunately, not all drug manufacturers follow this standard and dozens of dangerous drugs have been approved by the FDA and have caused harm to thousands of people. In some instances, these drugs are not recalled until patients have been injured or killed by the medication.
The lawsuits for dangerous drugs may be filed separately, or they may be combined into a single case that has thousands or hundreds of plaintiffs. This is known as a "class action lawsuit". If a class action is involved, the plaintiffs must surrender some control over their individual claims and allow their lawyers to negotiate settlements on their behalf. This process can be complex and lengthy.
The average settlement amount in a dangerous drugs case varies depending on the severity of the injury and the age of the victim, the amount of medical costs incurred by the drug, the projected loss of income and other factors. If a lawsuit is successful the victims will be able to recover an appropriate and fair amount to compensate for their losses.
A reputable attorney who is skilled in dangerous drugs lawsuit drugs is essential to the success of the lawsuit. You should always choose an attorney who has an established track record of being able to successfully represent clients in personal injury claims as well as other legal cases. When you choose a firm, ask about their history of handling such cases and request a list with 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 through a prescription or an over-the-counter medication, we urge you to contact us to discuss your case with a knowledgeable dangerous drugs lawyer.
Mass Torts
In some cases, dangerous drugs may cause injuries to a smaller number of people, but the effects they cause are similar. These cases fall under the product liability law which allows injured people to bring a lawsuit against drug manufacturers under strict negligence theories.
In cases involving dangerous drugs, there may be one or more defendants according to the alleged cause of the injuries. For example when a medication was both manufactured and prescribed by a physician and a doctor, both parties could be named in the lawsuit. In this scenario the patient who was injured must prove that both the manufacturer and the doctor were negligent in producing or releasing the medication that ultimately caused their injuries.
Many of these injuries can be consolidated into multi-district lawsuit (MDL), wherein all cases where the same allegations are made against one defendant are brought to court with the same judge in order to speed up and facilitate more efficient resolution of the lawsuits. However, the best legal counsel for dangerous drugs will ensure that each claim is a distinct legal proceeding and that the plaintiff maintains more control over their own case outcome.
Like any personal injury suit, dangerous/defective drugs cases require the use medical experts and specialists to prove the defendant's actions led to the victim's injury. This is a significant difference from other types of lawsuits, like motor vehicle collisions where it's simpler to prove that a driver drove through a red light and struck your car.
It's also important to recognize that it is not necessarily immediately evident that a person has been harmed due to a substance they consumed, as the injuries may not be apparent immediately. In reality, many harmful prescription and over-the-counter medications aren't recalled or associated with adverse health effects until thousands or hundreds of individuals have been affected.
Contact a lawyer now for a free consultation If you've suffered serious side effects due to any medication. This includes prescription and over-the-counter medicines. The most experienced lawyers for dealing with dangerous drugs work on a contingency-based fee basis. This means they won't charge you any fees unless they obtain an agreement to settle your case.
Prescription Drugs
A variety of prescription drugs are approved by the FDA, but they can have serious or life-threatening side effects. In certain cases, the pharmaceutical companies who produce and sell these drugs may be held accountable for any harm they cause. This type of legal claim is referred to as a dangerous drug lawsuit. These lawsuits are usually filed as class actions against the company and are founded on evidence of the damage suffered by the plaintiffs. A variety of factors are considered when calculating the amount of settlement for each plaintiff in a dangerous drug case, including the nature and severity of injury and age, medical expenses attributed to the injury and projected loss of income.
Dangerous drug claims are a type of personal injury claim and are sometimes filed in conjunction with claims for wrongful death. In a lawsuit, the victim may seek compensation for discomfort and pain emotional distress, medical expenses, and loss of future income. In the event of a death, compensation could include funeral and burial expenses.
The most frequently cited defendants in lawsuits involving dangerous drugs are pharmaceutical companies. Other parties can be held accountable. Sales representatives for instance, could not inform doctors of the dangers or risks not stated on a label for a medicine.
Moreover, manufacturing defects can result in dangerous drug lawsuits. These are instances where something goes wrong during the manufacturing process, like contamination. In these cases other defendants could include the company that invented and distributed the medication, as well as the company that manufactured it.
The prescription and over-the counter drugs are safe for most patients when they are taken as directed. Every year, there are hundreds upon hundreds of medications that are recalled due to their fatal or severe risks. It is crucial to speak with a Reading dangerous drug lawyer if this happens.
Our attorneys will investigate the case and determine whether you have a valid claim against a pharmaceutical company for damages. We will do everything we can to ensure that you receive the maximum compensation. We provide free consultations to assess your claim.
Over-the-counter drugs
Modern medical research has created a wealth of medications that can treat illnesses, relieve pain, and improve our quality of life. However, certain medications can cause dangerous side effects that could be life-threatening and dangerous drugs attorneys. If you or someone close to you has been injured due to a medication you used and suffered harm, you could be entitled to compensation. A lawyer that specializes in lawsuits involving dangerous drugs can assist you in determining if you have a valid case and what to do next.
While most cases involving dangerous drugs involve pharmaceutical companies, other defendants could be held responsible for the injuries caused by a particular medication. This includes pharmacists who give dangerous drugs without labeling it or warning the patient about potential side effects and interactions with other prescription drugs or over-the counter medications. Additionally, physicians who prescribe a medication which later turns out to be harmful can be held responsible for the harm suffered by their patients.
Whether you are suffering from a condition caused by prescription or over-the counter medication, it is important to consult with an experienced Reading dangerous drugs attorney to discuss your legal options. In a no-cost initial consultation, your lawyer will explain the law surrounding dangerous drugs lawsuits and determine if you have a valid case for damages. You could be eligible to claim compensation for damages that include future and anticipated expenses resulting from your injury as well as medical expenses, lost income, and pain and suffering.
Many personal injury attorneys who handle cases involving dangerous drugs work on a contingency fee basis, which means that they don't charge for their services unless they succeed in winning your case. They will evaluate your case and provide you an honest estimate of the likelihood of recovering damages.
Despite the fact that all medications undergo extensive testing and clinical trials before they are licensed for sale serious health risks can become apparent only after the drug has been aggressively promoted and distributed to millions of patients. Your lawyer can help you obtain fair compensation if you have suffered injuries as a result of the use of a dangerous drug.
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