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Dangerous Drugs Lawsuits
Modern medical research has produced a wealth medications that can improve your health and extend your life. However, many of these medications come with dangerous adverse effects. In these instances a lawsuit involving a drug that is dangerous may allow you to recover compensation.
Dangerous drug lawsuits are brought under strict liability product liability laws, meaning that victims do not have to prove that the manufacturer was negligent in the process of testing or manufacturing the drug. See the following pages for details on filing a claim, finding an attorney, as well as helpful forms and resources.
Class Actions
Modern medicine has developed a wide range of medicines that can improve your health and extend life. These medications can pose serious risks. Patients can suffer serious injuries 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 test it thoroughly and ensure that the product is safe to use by patients. Unfortunately, not all drug manufacturers adhere to this standard and dozens of dangerous drugs have been approved by the FDA and resulted in the harm of thousands of people. In some instances, the FDA does not recall these drugs until after victims have been injured or even killed by them.
The lawsuits for dangerous drugs can be filed individually or they can be consolidated to one case that has hundreds or thousands of plaintiffs. This is referred to as a "class action lawsuit". In the course of a class action, plaintiffs are required to give up some control of their individual claims in order to allow their lawyers to negotiate settlements. This process can be complicated and long.
The amount of money a person can receive in a dangerous drug case is contingent upon the severity of the injury as well as the age of the victim as well as the medical expenses that are incurred as due to the drug. It also depends on the projected loss of income, projected medical expenses, and other elements. If the lawsuit is successful the victims could receive a fair and adequate sum to cover all their losses.
A good attorney who specializes in dangerous drugs is crucial to the success of a lawsuit. Always choose an attorney with an excellent track record of representing clients in personal injuries claims as well as 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. If you or someone you love has been injured by a prescription or over-the-counter medication, we urge you to contact our office to discuss your case with a skilled dangerous drug lawyer.
Mass Torts
In certain instances, dangerous drugs can cause injuries to only a limited amount of people, but the effects they cause are similar. These cases fall under the product liability law which allows injured people a lawsuit against drug makers under strict negligence theories.
Dangerous drug cases can include one or more defendants, based on the alleged actions which caused their injuries. If a drug is both manufactured and prescribed to patients by a doctor the two parties could be named in a lawsuit. In this instance the plaintiff must prove that the manufacturer and doctor were negligent in making or manufacturing the drug that ultimately resulted in the injury.
Many of these injury claims can be consolidated into multi-district lawsuit (MDL) in which all cases in which the same allegations are made against one defendant are brought to court under the same judge to allow for faster and more efficient resolution of the lawsuits. However, the most legal counsel for dangerous drugs will ensure that each claim is a distinct legal action and that the plaintiff retains greater control over the decision-making process.
As with any personal injury suit, dangerous/defective drugs cases require the assistance of medical experts and specialists to prove the defendant's actions led to the victim's injuries. This is a key distinction from other types of lawsuits, like motor vehicle collisions where it is easier to prove that a driver ran through a red light and hit your car.
It's also important to recognize that it's not always immediately evident that a person has been injured by a drug that they took, since the injuries may not be apparent right away. Many of the most dangerous OTC and prescription drugs are not removed until hundreds or even thousands have been affected.
If you've had serious side effects due to any medication such as prescription or over-the-counter medications, contact an attorney for a free consultation today. The most effective dangerous drug attorneys work on a contingency fee basis, which means they won't charge any fees for their services until they've secured an agreement to your benefit.
Prescription Drugs
Many prescription drugs are approved by the FDA, but they can still cause serious or even life-threatening adverse effects. The pharmaceutical companies that manufacture and market these drugs can be held accountable for the negative effects they cause in certain instances. This type of legal action is known as a dangerous drug lawsuit. These lawsuits are filed as class actions against a company, and are based upon the evidence of the injuries suffered by the plaintiffs. A variety of elements are used to determine the amount of settlement for every plaintiff in a risky drug case, such as the type and extent of the injury and age, medical expenses that are attributed to the injury, and projected loss of income.
Dangerous drug claims may be filed as part of a personal injury lawsuit. They are typically filed in conjunction with claims for wrongful deaths. A lawsuit may seek to recover damages that are exclusive to the victim including pain and suffering, emotional stress, medical expenses, and loss of future earnings. In the event of a death, compensation may also include funeral and burial expenses.
The most common defendants in dangerous drug lawsuits are pharmaceutical companies. However, other parties could be held responsible too. For example a sales representative could fail to notify doctors about the risks and hazards that aren't identified in a drug's label for certain patient groups.
Manufacturing defects can lead to dangerous drug lawsuits. dangerous drugs lawyer bakersfield are instances where something is wrong with the manufacturing process, for example, a contaminant. In these cases, additional defendants may include the company that invented and distributed the medication, as in addition to the company that manufactured it.
Prescription and over-the-counter medicines are safe for the majority of patients when they are taken as directed. Each year, there are dozens upon dozens of medications that are recalled due to their serious or fatal dangers. It is important to contact an Reading dangerous drug lawyer if this happens.
Our lawyers will investigate your case and determine if you have a valid claim to damages from a drug manufacturer. We will do all we can to ensure that you receive the maximum amount of compensation. We offer no-cost consultations to help you evaluate your claim.
Over-the-counter drugs
Modern medical research has created numerous drugs that treat illnesses as well as relieve pain and improve our quality of life. Certain drugs can cause harmful side effects, even if they're not life-threatening. You may be entitled compensation if a loved one has been injured by the medication you took. A lawyer who specializes in lawsuits involving dangerous drugs can help you determine if you have a valid case and what you should do next.
Other defendants could also be held accountable for the injuries caused by a specific medication. This includes pharmacists who dispense a dangerous drug without properly labeling it, or warning the patient about possible adverse effects and interactions with other prescription drugs or over-the counter medicines. Physicians who prescribe a medicine that later discovers to be harmful can be held responsible for the damage caused to their patients.
Whether you are suffering from the effects of prescription or over-the-counter medications It is essential to consult with an experienced Reading dangerous drugs lawyer to discuss your legal options. In a no-cost consultation, your lawyer can explain the law governing dangerous drug lawsuits and decide whether you have a valid claim for damages. You may be entitled to compensation for any 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 deal with dangerous drug cases charge a fee on a contingency basis. This means that they will not charge you for their services until they succeed in winning your case. They will assess your case and give you a fair evaluation of your chances of obtaining compensation.
Despite the fact that all medications undergo rigorous tests and clinical trials before they are approved for sale serious health risks can appear only after the drug has been aggressively promoted and prescribed to millions of people. Your lawyer can help you get fair compensation if you have suffered injuries as a result of a dangerous drug.