Dangerous Drugs Lawsuits
Modern medical research has created numerous medications that can improve the quality of life and prolong it however, many of them can cause dangerous side effects. In these cases you could be able to get compensation by filing a drug lawsuit.
The strict liability product liability law applies to lawsuits involving dangerous drugs, which means that victims don't have to prove that the manufacturer was negligent in making or testing the medication. Check out the following pages for information about filing claims, locating an attorney, as well as helpful forms and resources.
Class Actions
Modern medicine has produced a wide range of medications that can improve the quality of life and prolong it. These drugs can pose serious dangers. People could be seriously injured or die when they do. A dangerous drug lawyer with experience can help victims get compensation from drug companies.
When a company puts a drug on the market they must thoroughly test it and ensure that the product is safe to use by patients. 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 ended up harming thousands of people. In some cases, these drugs are not recalled until patients have suffered injuries or even died from the medication.
The lawsuits for
dangerous drugs can be filed individually, or they may be combined into one case that has hundreds or thousands plaintiffs. This is known as a "class action lawsuit". In the course of a class action, plaintiffs are required to surrender some control of their individual claims in order for their lawyers negotiate settlements. This process can be complicated and time-consuming.
The average settlement amount in a dangerous drugs case varies depending on the severity of injury and the age of the victim, the amount of medical expenses incurred due to the drug, the projected loss of income and other aspects. If a lawsuit is successful, victims can recover an adequate and fair sum to compensate for their loss.
A good attorney who specializes in dangerous drugs is vital to the success of the lawsuit. Choose an attorney who has an excellent track record of representing clients in personal injury lawsuits and other types of legal cases. When choosing the firm, inquire about their history of handling such 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 through a prescription or an over-the-counter medication, we encourage you to contact our office to discuss your case with a skilled dangerous drugs lawyer.
Mass Torts
In certain instances, dangerous drugs can cause injuries to a smaller number of people, but the harms they cause are similar. These cases fall under product liability law, which permits injured patients to pursue an action against the manufacturer of the drug under strict negligence theories.
In cases involving dangerous drugs, there may be one or more defendants in the event of what is believed to have caused the injuries. For example the case where a drug was manufactured as well as prescribed by a physician, both parties could be named in the lawsuit. In such a case the patient who was injured must prove that both the doctor and the manufacturer were negligent in creating or releasing the medication that ultimately caused their injuries.
Many of these drug-related injury claims may be consolidated into multi-district lawsuit (MDL), wherein all cases in which the same allegations are made against a defendant are brought before the court before the same judge to facilitate quicker and more efficient resolution of lawsuits. However, the best legal counsel for dangerous drugs will ensure that each claim remains a separate legal proceeding and that the plaintiff has more control over their own decision-making process.
Like the majority of personal injury lawsuits, dangerous/defective drug suits require the use of specialists and medical professionals to prove that the defendant's actions were the primary reason for the damages suffered by a patient. This is an important distinction from other types of lawsuits, such as motor vehicle collisions where it's much easier to demonstrate that the driver ran a red light and hit your vehicle.
It is also important to recognize that the effects of a medication may not be immediately apparent. In fact, many of the dangerous prescription and over-the-counter drugs are not recalled or even associated with adverse health consequences until a large number of people have been affected.
Contact a lawyer today to arrange an initial consultation for free If you've suffered serious side effects due to any medication. This includes prescription and over-the counter drugs. The most experienced lawyers for dealing with dangerous drugs work on a basis of contingency fees. This means they won't charge you any fees unless they get an agreement to settle your case.
Prescription Drugs
Many prescription drugs are approved by the FDA, but they can still cause serious or even life-threatening adverse effects. In certain cases, the pharmaceutical companies who manufacture and sell these medications may be held accountable for any harm they cause. This type of legal claim is called a dangerous drug lawsuit. These cases are typically filed as class actions against the company and are founded on evidence of the damage suffered by the plaintiffs. A variety of factors are used to calculate a settlement amount for each plaintiff in a dangerous drug case, which includes the nature and extent of the injury as well as the age of the plaintiff, medical expenses related to the injury and the anticipated loss of income.
Dangerous drug claims are a type of personal injury claim and often filed in conjunction with claims for wrongful death. A lawsuit can recover damages that are exclusive to the victim like emotional distress, medical expenses and loss of future earnings. In the event of death, compensation could include funeral and burial costs.
The most frequent defendants in lawsuits involving dangerous drugs are pharmaceutical companies. However, other parties may be held liable as well. A sales representative for instance, may not inform doctors of the risks or dangers not stated on a label for a medicine.
Additionally, manufacturing defects could cause dangerous drug lawsuits. In these instances there is a problem with the manufacturing process. For example, a contamination. In these cases other defendants could include the company that invented and distributed the medication as well as the company that manufactured it.
Most patients are safe when they take their prescriptions and other over-the-counter medicines as directed. However there are numerous instances every year of medications that are recalled due to the fact that they pose grave or fatal risks. When this happens, it is important to contact an experienced Reading dangerous drugs lawyer.
Our lawyers will investigate the case and determine if you have an effective claim against a pharmaceutical company for damages. We will fight to obtain the maximum amount of compensation for you. We offer free consultations to assist in 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 life. Some drugs can have hazardous side effects, even if they aren't life-threatening. You may be entitled compensation if you or a family member has been injured by an medication you used.