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Modern medical research has produced many drugs that can improve your health and prolong life, but many drugs pose dangers to the user. In these instances, you may be able to recover compensation through filing a risky 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 information on how to file claims, locating an attorney, and helpful forms and resources.
Class Actions
Modern medicine has created numerous drugs that can improve health and prolong life. These medications can be dangerous. If they do, users can suffer serious injury or even death. Drug companies must be held liable for the harms they cause. an experienced dangerous drugs lawyer can help victims recover compensation.
When a manufacturer places a medication on the marketplace they must thoroughly test it and ensure that the product is safe for patients. Unfortunately many drug companies do not adhere to this standard, and dozens of dangerous drugs have been approved by the FDA and caused harm to thousands of people. In some cases, the FDA does not recall these drugs until after people have been injured or even killed by them.
Dangerous drug lawsuits can be filed separately or into a single case involving hundreds or thousands of plaintiffs. When this occurs, it is known as a class action lawsuit. In a class lawsuit, the plaintiffs are required to give up a portion of control of their individual claims in order to allow their lawyers to negotiate settlements. This process is often complicated and lengthy.
The average settlement in a case involving dangerous drugs depends on the severity of the injury as well as the age of the victim and the medical expenses that are incurred as a result of the drug. It also depends on the projected loss of income and medical expenses projected and other factors. If the lawsuit is successful the victims will receive a fair and adequate sum to cover all their expenses.
A reputable attorney who is skilled in dangerous drugs is essential to the success of any lawsuit. Choose an attorney who has a successful track record in representing clients in personal injury claims and other types legal cases. Ask about the firm’s track record in handling these cases and ask for 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 know is injured as a result of a prescription drug or prescription medication. Our lawyers who handle cases involving dangerous drugs are available to discuss your case.
Mass Torts
In some instances, risky medications may only cause harm to a tiny percentage of people. However the harms they cause are often the same. These cases fall under product liability law, which allows injured victims to file an action against the manufacturer of the drug under strict negligence theories.
Dangerous drug cases can include one or more defendants, depending on the alleged actions that led to their injuries. If a drug is both manufactured and prescribed to patients by a doctor and a doctor, both parties could be named in a lawsuit. In this scenario, the injured patient will need to prove both the doctor and the manufacturer were negligent in creating, manufacturing or releasing the medication that ultimately caused their injuries.
A lot of these drug-related injury claims may be consolidated into multi-district litigation (MDL) in which all cases in which the same allegations are made against one defendant are brought to court before the same judge to allow for faster and more efficient resolution of the lawsuits. The most experienced dangerous drug lawyers will ensure that each case is considered a separate legal action, and that the plaintiff has greater control over the outcome of their case.
Like all personal injury lawsuits, dangerous/defective drug suits require the involvement of medical experts and specialists to prove that a defendant’s actions were the primary reason for the damages suffered by a patient. This is a major distinction from other types lawsuits, like motor vehicle collisions where it’s easier to prove that a driver drove through a red light and hit your car.
It is also important to recognize that the effects of a medication might not be apparent immediately. Many of the most dangerous drugs lawsuit OTC and prescription drugs are not recalled until hundreds or thousands have been affected.
If you’ve experienced serious side effects due to any medication such as prescription or over-the-counter drugs, consult an attorney for a no-cost consultation today. The most experienced dangerous drug lawyers operate on a contingent fee basis, meaning that they won’t charge any fees for their services until they’ve secured a financial settlement to your benefit.
Prescription Drugs
A variety of prescription drugs are approved by the FDA However, they may still cause serious or life-threatening adverse reactions. The pharmaceutical companies that manufacture and market these drugs can be held responsible for the harm they cause in some instances. This kind of legal claim is known as a dangerous drug lawsuit. These cases are filed as class actions against a company, and are based upon the evidence of the injuries suffered by the plaintiffs. In a case involving a risky drug, settlement amounts are by a variety of factors, including the type of injury, the severity and the age of the plaintiff, the medical costs associated with the injury, and the projected loss of income.
Dangerous drug claims are a type of personal injury claim. They are sometimes filed in conjunction with claims for wrongful death. A lawsuit can seek damages that are unique to the victim like pain and suffering, emotional distress, medical expenses and loss of future earnings. In the event of a death, compensation can include funeral and burial costs.
Pharmaceutical manufacturers are the most frequent defendants. However, other parties can be held liable too. For instance a sales representative could not inform doctors of the dangers and dangers that aren’t mentioned in the label of a medication for certain patient populations.
Furthermore, manufacturing flaws can also lead to dangerous drug lawsuits. These are instances where something goes wrong during the manufacturing process, such as a contaminant. In these cases, additional defendants may include the company that invented and distributed the medication, as well as the manufacturer.
The majority of patients are safe when they take their prescriptions and over-the-counter medications according to the directions. Every year, there are many dozens of prescription medications that are recalled due to their fatal or severe risks. It is important to consult an Reading dangerous drugs lawyer when this occurs.
Our lawyers will investigate your case and determine whether you have a valid claim for damages from a pharmaceutical manufacturer. We will pursue the maximum amount of compensation for you. We offer free consultations to assist in reviewing your claim.
Over-the-Counter Drugs
Modern medical research has led to the development of a wide variety of medicines that treat illnesses, relieve chronic pain, and increase our quality of living. Certain medications can cause harmful adverse effects, even when they are not life-threatening. If you or someone you love has been injured due to a medication you used and suffered harm, you could be entitled to compensation. A lawyer who specializes in lawsuits involving dangerous drugs can help you determine if have a valid case and what you can do next.
Other defendants could be held responsible for injuries caused by a specific medication. This includes pharmacists who provide a dangerous drug without properly labeling it, or warning the patient of possible adverse effects or interactions with other prescription or over-the-counter medications. Physicians who prescribe a medicine which later proves to be harmful could be held accountable for harm they cause to their patients.
It is important to speak with a seasoned Reading dangerous drug lawyer to discuss your options, regardless of whether you’re suffering from issues caused by prescription or over-the counter medication. In a no-cost consultation, your lawyer can explain the law surrounding 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 that result from your injury. This includes medical expenses, lost wages and discomfort and pain.
Many personal injury attorneys who handle cases involving dangerous drugs operate on a contingency-fee basis, which means they do not charge you for their services unless they prevail in your case. They will assess your claim and give you a fair assessment of your chances of recovering damages.
Even though all drugs undergo extensive testing and clinical tests prior to approval for sale, the most serious risks can sometimes only be discovered after the drug is aggressively marketed and prescribed by millions of people. If you have been injured by a dangerous medication, your lawyer can assist you in obtaining fair compensation from the company that made of the medication.
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