Modern medical research has produced numerous medications that can improve health and extend life however, many of them can cause dangers to the user. In these instances, a dangerous drug suit could allow you to claim compensation.
The strict liability statute for product liability applies to lawsuits involving dangerous drugs which means that the victims don’t need to prove that the manufacturer was negligent when testing or manufacturing the medication. Check out the following pages for information on how to file a claim, locating an attorney, and helpful forms and resources.
Class Actions
Modern medicine has created many different medications that can improve health and extend life. These medications can pose serious risks. When they do, people could suffer serious injuries or even death. Drug companies should be held liable for the harms they cause, and an experienced dangerous drugs lawyer can help victims obtain compensation.
When a manufacturer puts a medication on the marketplace, they must test it thoroughly and ensure that the medication is safe for patients. Unfortunately there are many drug makers who do not adhere to this standard and a number of dangerous medications have been approved by the FDA and have caused harm to thousands of people. In some instances, these drugs are not recalled until patients have been injured or killed by the medication.
Dangerous drug lawsuits may be filed separately or into one case that involves hundreds or even thousands of plaintiffs. This is referred to as a “class action lawsuit”. In a class action, plaintiffs have to give up some control over their individual claims in order for their lawyers negotiate settlements. This process can be complicated and lengthy.
The average amount for settlement in a case involving dangerous drugs is contingent upon the severity of injury, age of the victim, the medical costs incurred by the drug, the projected loss of income, and other aspects. If the lawsuit is successful, the victims could receive a fair and adequate sum to cover all their losses.
A skilled and experienced dangerous drug lawyer is crucial to success in a lawsuit. Choose an attorney who has a successful track record in representing clients in personal injury claims as well as other legal cases. If you decide to choose the firm, inquire about their track record in handling these cases, and request a list of 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. We encourage you to reach us if you or someone you love is injured as a result of a prescription drug or over-the counter medication. Our dangerous drugs lawyers [http://www.mecosys.com] are available to discuss your case.
Mass Torts
In some instances, risky medications may only cause harm to a limited amount of people. However, the harms that they cause are usually similar. These cases fall under the law of product liability law, which permits injured victims to pursue an action against the manufacturer under strict negligence theories.
Dangerous drug cases may involve one defendant or multiple defendants, based on the actions which caused their injuries. For instance when a medication was manufactured as well as prescribed by a doctor, both of these parties could be named in the lawsuit. In such a scenario the patient who was injured must prove that both the doctor and the manufacturer were negligent in producing, manufacturing or releasing the medication that ultimately caused their injuries.
Multi-district litigation can be a way to combine a variety of cases of injury resulting from drugs. All cases that make the similar allegations against the same defendant are filed before the same judge to resolve the lawsuits more quickly and efficiently. However, the most dangerous drug lawyers will always ensure that each claim remains a distinct legal action and that the plaintiff has greater control over the case’s outcome.
Like the majority of personal injury lawsuits, defective or dangerous drug suits require the use of medical experts and specialists to prove that a defendant’s actions are the sole cause of a patient’s damages. This is a major distinction from other types of lawsuits such as motor vehicle collisions where it’s much simpler to prove that the driver ran through a red light and struck your car.
It is also important to realize that it’s not always immediately apparent when someone has been harmed due to a substance they consumed, as the injuries might not be evident right away. Many dangerous prescription and OTC drugs are not removed until hundreds or even thousands have been affected.
If you’ve had serious side effects due to any medication, including prescription and over-the-counter medications, speak with an attorney for a free consultation today. The most experienced dangerous drug lawyers work on a contingency-based fee basis. This means they will not charge you any fees unless they get a financial settlement on your behalf.
Prescription Drugs
Even though many prescription drugs are approved and controlled by the FDA, they can still have fatal or serious side effects. The pharmaceutical companies that produce and sell these drugs could be held accountable for the damage they cause in certain cases. This kind of legal claim can be referred to as a dangerous drug suit. These cases are filed as class actions against the company and are based on the evidence of the injuries that plaintiffs suffer. In a drug case that is dangerous, settlement amounts are calculated according to a variety of factors, such as the type of injury, its severity, the age of the plaintiff, the medical expenses associated with the injury, and the projected loss of income.
Dangerous drug claims are a form of personal injury claim that are sometimes filed in conjunction with wrongful death claims. In a lawsuit, the injured party may seek compensation for discomfort and pain emotional distress, medical expenses and loss of future earnings. In the event of a death, compensation could include funeral and burial expenses.
The most frequent defendants in lawsuits against dangerous drugs are pharmaceutical companies. However, other parties may be held responsible too. A sales representative for instance, may fail to inform doctors of the dangers or risks not mentioned on the label of a medication.
Manufacturing defects can lead to dangerous drug lawsuits. In these cases there is a problem with the manufacturing process. For instance, a contamination. In these instances, additional defendants may include the company that created and distributed the medication, as well as the manufacturing company.
The prescription and over-the counter drugs are safe for most patients when they are taken as directed. Unfortunately, there are dozens of examples each year of drugs that are recalled because they pose serious or fatal risks. It is essential to contact an Reading dangerous drugs lawyer when this occurs.
Our lawyers will investigate the case and determine whether you have a valid claim against a pharmaceutical company for damages. We will fight to obtain maximum compensation on your behalf. We provide free consultations to assess your claim.
Over-the-Counter Drugs
Modern medical research has led to numerous drugs that treat illnesses or pain and improve our quality of life. However, some medications have severe side effects that can be dangerous and even life-threatening. If you or someone you love has been injured due to a medication you used you could be entitled to compensation. Contacting a lawyer who handles dangerous drug lawsuits can help you determine whether you have a valid claim and the steps to take next.
The majority of cases involving dangerous drugs involve pharmaceutical companies, other defendants can be held responsible for the injuries caused by a specific drug. This includes pharmacists who dispense dangerous drugs without labeling it or informing the patient about possible side effects and interactions with other prescription drugs or over-the-counter drugs. Additionally, physicians who prescribe a drug which later turns out to be harmful could be held responsible for the harm caused by their patients.
Whether you are suffering from a condition caused by prescription or over-the counter medication, it is important to speak with an experienced Reading dangerous drugs attorney to discuss your legal options. During a free initial consultation the lawyer will discuss the law that governs dangerous drug lawsuits and determine whether you have a legitimate claim for damages. You may be entitled to compensation for past and future losses due to your injury. This includes medical expenses, lost wages, as well as pain and discomfort.
Many personal injury lawyers who handle dangerous drug cases charge a contingency-fee basis. This means that they won’t charge you until they succeed in winning your case. They will evaluate your claim, and give you an honest assessment of the likelihood of recovering damages.
Even though all drugs are subjected to extensive tests and clinical tests prior to approval for sale, the most serious risks are often only discovered after the drug is aggressively marketed and prescribed by millions of people. If you’ve been injured by a dangerous medication attorney can assist you in obtaining an appropriate amount of compensation from the maker of the drug.
