Modern medical research has produced many medicines that can help improve health and extend life, but many drugs pose dangers to the user. In these instances the risk of a dangerous drug suit may allow you to recover compensation.
The strict liability statute for product liability applies to dangerous drug lawsuits, which means that victims don’t have to prove that the manufacturer was negligent when testing or manufacturing the medication. Explore the following pages to find out more about filing a claim and locating an attorney. You will also find useful forms and other information.
Class Actions
Modern medicine has created numerous medications to improve health and prolong life. These drugs could pose serious dangers. People can be seriously injured or die when they do. A dangerous lawyer who is skilled can help victims receive compensation from drug companies.
When a manufacturer puts a medication on the marketplace, they must thoroughly test it and ensure that the medication is safe to use by patients. Unfortunately there are many drug companies that do not adheres to this standard. Dozens of dangerous drugs were approved by the FDA that have caused harm to thousands of people. In some instances, these drugs are not recalled until patients have suffered injuries or even died from the drug.
The lawsuits for dangerous drugs can be filed individually, or they can be consolidated to one case that involves thousands or hundreds of plaintiffs. If this happens it is referred to as a class action lawsuit. In the course of a class action, plaintiffs have to give up a portion of control of their individual claims to allow to allow their lawyers to negotiate settlements. This process is often complicated and lengthy.
The average amount for settlement in a dangerous drugs case differs based on the severity of the injury and the age of the victim, the medical costs incurred by the drug, projected loss of income, and other elements. If a lawsuit wins, victims can recover an appropriate and fair amount to cover their loss.
A good attorney who specializes in dangerous drugs is essential to the success of a lawsuit. It is best to select an attorney with a track record of successfully representing clients in personal injury claims and other legal cases. Ask about the firm’s track record in handling these cases, and request a list of 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 should you or someone you love is injured as a result of prescription drugs or an prescription medication. Our dangerous drugs lawyers will be happy to discuss your case.
Mass Torts
In some instances, risky drugs may cause harm to a limited amount of people. However the harms they cause are often similar. These cases fall under the law of product liability, and allow injured patients to bring a lawsuit against drug manufacturers under strict negligence theories.
Dangerous drug cases could involve one defendant or multiple defendants, based on the alleged acts that caused their injuries. If a medication is manufactured and prescribed to the patient by a physician the two parties could be named in a lawsuit. In this scenario the plaintiff must prove that the manufacturer and doctor were negligent when it came to making or manufacturing the drug that ultimately led to the injury.
Many of these injury claims can be combined into multi-district litigation (MDL), wherein all cases where the same allegations are made against a defendant are brought before the court 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 treated as a distinct legal action, and that the plaintiff has greater control over the outcome of their case.
As with all personal injury suits such as dangerous or defective drugs, these cases require the assistance of medical experts and specialists to prove the defendant’s actions caused the victim’s injuries. This is a major distinction from other types of lawsuits, like motor vehicle collision cases where it’s much simpler to prove that a driver ran through a red light and struck your car.
It’s also important to recognize that it is not necessarily immediately obvious when a person is injured due to a substance they took, since the injuries might not be evident immediately. In fact, many dangerous prescription and over-the counter drugs aren’t recalled or linked to adverse health consequences until a large number of individuals have been affected.
Contact a lawyer today to arrange no-cost consultation if you have experienced serious side effects from any medication. This includes prescription and over-the-counter medications. The most experienced dangerous drug lawyers work on a contingency fee basis, which means they will not charge any charges until they’ve secured a financial settlement in your favor.
Prescription Drugs
Even though many prescription medications are approved and controlled by the FDA but they could have fatal or serious adverse consequences. The pharmaceutical companies that make and market these drugs can be held accountable for the damage they cause in certain instances. This type of legal claim is often referred to as a dangerous drug suit. These cases are often filed as group actions against companies and are founded on evidence of the injuries suffered by plaintiffs. A variety of factors are used to calculate the amount of settlement for each plaintiff in a dangerous drug case, such as the nature and extent of the injury and age, medical expenses attributed to the injury and projected loss of income.
Dangerous drug claims are a kind of personal injury claim. They often filed in conjunction with wrongful death claims. A lawsuit can seek damages that are unique to the person who was injured, such as emotional stress, medical expenses, and loss of future earnings. In the event of a death, compensation could include funeral and burial expenses.
The most common defendants in lawsuits against dangerous drugs are pharmaceutical manufacturers. However, other parties may be held liable as well. Sales representatives, for example, might fail to inform doctors about the risks or dangers not mentioned on the label of a medication.
Additionally, manufacturing defects could cause dangerous drug lawsuits. In these instances, something goes wrong in the manufacturing process. For instance contamination. In these cases, the manufacturer and the company that made the medication could be listed as defendants.
Most patients are safe if they take their prescription and over-the counter medications according to the directions. Unfortunately there are numerous instances each year of prescription drugs that are recalled because they pose grave or even fatal dangers. It is important to speak with a Reading dangerous drugs lawyer when this occurs.
Our lawyers will review the case and determine whether you have a valid claim against a pharmaceutical company for damages. We will pursue maximum compensation on your behalf. We offer free consultations for the evaluation of your claim.
Over-the-counter Drugs
Modern medical research has led to a wide variety of medicines that treat illnesses, relieve chronic pain, and improve our quality of living. Certain medications can cause hazardous adverse effects, even when they are not life-threatening. You may be entitled compensation if you or someone in your family is injured as a result of an medication you used. A lawyer who deals with dangerous drug lawsuits can help determine whether you have an appropriate claim and what actions you should take.
The majority of cases that involve dangerous drugs involve pharmaceutical companies, other defendants may be held responsible for the injuries caused by a specific medication. Pharmacists who do not properly label a dangerous drug or warn the patient about possible adverse effects or interactions with other prescription or over the prescription medications are also at risk. Furthermore, doctors who prescribe a medication that later proves to be harmful can be held accountable for the harm caused by their patients.
It is important to speak with an experienced Reading dangerous drug attorney to discuss your options, regardless of whether you’re suffering from issues caused by prescription or over-the prescription medication. In a free consultation, your lawyer will discuss the law that governs dangerous drugs attorney drug lawsuits and determine whether you have a legitimate claim for damages. You could be able to recover compensation damages that include future and anticipated expenses resulting from your injury that include medical expenses, lost income, and pain and suffering.
Many personal injury lawyers who handle dangerous drug cases operate on a contingency-fee basis, which means they don’t charge for their services unless they succeed in winning your case. They will assess your case and provide you with a realistic estimate of the likelihood of obtaining damages.
Despite the fact that all medications undergo extensive testing and clinical trials prior to when they are approved for sale, serious health risks sometimes are only discovered after the drug is advertised and given to millions of people. If you have been injured due to a dangerous drug attorney will help you obtain fair compensation from the company that made of the medication.