Dangerous Drugs LawsuitsModern medical research has resulted in a wealth drugs that can enhance your health and prolong your life. However, many drugs have harmful adverse effects. In these cases, you may be able to recover compensation by filing a dangerous drug lawsuit.
Dangerous drug lawsuits are filed under strict liability product liability laws, meaning that victims do not need to prove that the manufacturer was negligent in the testing or production of the medication. Check out the following pages for details on filing a claim, finding an attorney, and other helpful forms and sources.
Class Actions
Modern medicine has created many medications that enhance health and prolong the lifespan. These medications can be dangerous. If they do, individuals may suffer serious injury or even death. Drug companies should be held accountable for these harms, and an experienced dangerous drugs lawyer can help victims obtain compensation.
When a pharmaceutical company releases a medicine on the market, it 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 follow this standard and a myriad 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 already been injured or killed by the medication.
The lawsuits for dangerous substances may be filed separately, or they could be consolidated to one case that has hundreds or thousands plaintiffs. If this happens it is referred to 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 complicated and long.
The average settlement in a drug-related case is based on the severity of the injury as well as the age of the victim, and the medical expenses that are incurred as due to the drug. It also varies based on the projected loss of income, projected medical expenses, and other factors. If the lawsuit is successful, the victims can recover an appropriate amount to cover their losses.
An experienced attorney who specializes in dangerous drugs is vital to the success of the lawsuit. Make sure you choose an attorney who has an excellent track record of representing clients in personal injuries lawsuits and other types of legal cases. If you decide to choose the firm, inquire about their history of 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. If you or someone you love has been injured by a prescription or over-the-counter medication, we suggest to contact our office to discuss your case with a skilled lawyer for dangerous drugs.
Mass Torts
In some instances, risky drugs may cause harm to a limited percentage of people. However, the harms that they cause are often similar. These cases fall under the law of product liability law and allow injured victims to pursue an action against the manufacturer of the drug under strict negligence theories.
Dangerous drug cases may have one defendant or several defendants, based on the alleged acts that caused their injuries. For example when a medication was both manufactured and prescribed by a physician, both parties could be named in the lawsuit. In this case the plaintiff would have to prove that the doctor and manufacturer were negligent in making, manufacturing, or releasing the drug that ultimately resulted in the injury.
A lot of these drug-related injuries can be consolidated into multi-district litigation (MDL) which means that all cases where the same allegations are made against one defendant are heard before the same judge to allow for faster and more efficient resolution of lawsuits. The most experienced dangerous drug lawyers will ensure that each claim is considered a separate legal action, and the plaintiff is more in control of the outcome of their case.
Like the majority of personal injury lawsuits, defective or
dangerous drugs lawsuits drug suits require the involvement of medical experts and specialists to prove that the defendant's actions were the primary reason for the damages suffered by a patient. This is a major distinction from other types of lawsuits, like motor vehicle collision cases where it is much easier to prove that drivers ran an red light and hit your vehicle.
It is also important to realize that it is not necessarily immediately evident that a person has been harmed by a drug that they took, since the injuries might not be evident right away. 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 an initial consultation for free in the event that you've experienced serious side effects due to any medication. This includes prescription and over-the counter medications. The most effective legal counsel for dangerous drugs works on a contingency-based fee basis. This means that they won't charge you any fees unless they obtain a financial settlement for you.
Prescription Drugs
Even though many prescription medications are regulated and approved by the FDA, they can still have serious or
dangerous Drugs lawsuits even fatal side consequences. In certain instances the pharmaceutical companies that make and sell these drugs could be held accountable for any harm they cause. This type of legal action can be referred to as a dangerous drug suit. These lawsuits are filed as class actions against a company, and are based upon the evidence of the damages suffered by the plaintiffs. In a case involving a risky drug, settlement amounts are calculated based on a number of factors, such as the type of injury, the severity of the injury, the age of the plaintiff, the medical expenses that are associated with the injury and the projected loss of income.
Dangerous drug claims are a type of personal injury claim that can be filed with wrongful death claims. A lawsuit may seek to recover damages that are unique to the injured party like suffering and pain, emotional distress, medical expenses and loss of future earnings. In the event of death, compensation can include funeral and burial costs.
The most frequently cited defendants in dangerous drug lawsuits are pharmaceutical companies. Other parties could also be held accountable. Sales representatives for instance, may not inform doctors of the dangers or risks that aren't mentioned on the label of a medication.
Moreover, manufacturing defects can result in dangerous drug lawsuits. In these cases there is a problem with the manufacturing process. For example, a contamination. In these cases the manufacturer and the company that created the medication could be listed as defendants.
The majority of patients are safe when they use their prescription and over-the counter medications as directed. Every year, there are dozens upon dozens of drugs that are recalled because of their serious or fatal dangers. It is essential to consult a Reading
dangerous drugs law firm drug lawyer if this happens.
Our attorneys will investigate the case and determine whether you have an effective claim against a manufacturer of drugs for damages. We will work to secure the highest amount of compensation on your behalf. We provide free consultations to assess your claim.
Over-the-counter drugs
Modern medical research has created many medications that can treat illnesses or pain and improve our lives. Certain medications can cause harmful side effects, even if they're not life-threatening.