Addressing Dangerous Drugs & Medical Devices
In 2012, the top 11 global drug companies reported net profits of almost
$85 billion. These drug companies made money by selling thousands of different
pills and medications to consumers, in some cases by over-promising and
under-delivering. Some new drugs on the market today don't provide
new solutions to health problems, but instead are slight tweaks to older
medications with few new benefits - and many unexpected risks. Drug recalls
have become far too common in the United States, with a total of 1,734
drug recalls occurring from 2004 to 2011.
Each of these recalled drugs could have caused hundreds or thousands of
patients to experience severe side effects such as:
- Birth defects
- Potentially fatal blood-clotting problems
- Heart attacks
Not every dangerous drug is recalled either, with many medications still
on the market despite mounting studies showing that the drugs aren't
safe. If you or a loved one took prescription or over-the-counter medication
and suffered unexpected side effects or were harmed by the use of the
drug, you may have a right to compensation from the drug maker. At The
Maher Law Firm, our experienced Orlando defective drug lawyers can help
you pursue a claim for the compensation you deserve.
schedule a free consultation
with our caring legal team.
About Lawsuits Over Defective Drugs
Product liability laws apply to defective drug cases, so manufacturers may be held strictly liable
for harm caused by dangerous drugs. This means plaintiffs may not be required
to prove that a drug manufacturer was negligent in its design or manufacture
of the dangerous medication in order to be compensated. When you pursue
a claim against a drug manufacturer, you may be compensated for all losses
caused by the dangerous medication.
This may include compensation for:
- Medical bills
- Lost income
- Pain and suffering
- Emotional distress
- The wrongful death of a close relative
Many dangerous drug cases involve thousands of injured people. These plaintiffs
may consolidate their
personal injury cases into one lawsuit, referred to as a class action. In a class-action lawsuit,
each plaintiff gives up control over his or her own case by joining together
with other claimants who suffered similar harm.
Dangerous drug lawsuits may also be consolidated into a Multi-District
Litigation (MDL). In an MDL, each case remains a separate claim and plaintiffs
retain more control over their case outcome. However, claims from multiple
courts are consolidated under one judge, who is then able to make decisions
on issues that affect all pending cases, which can make the process quicker
and more efficient.
Before you join a class action or an MDL, it is important to
speak with a defective drug lawyer to learn about your rights and to determine the best approach to maximize
your compensation for your losses.
What to Do If You've Suffered an Adverse Reaction to a Medication
If you have suffered an adverse reaction to a dangerous medication, we
recommend that you take the following steps:
- Seek prompt medical help
- Document all side effects that you experience and all treatments necessary
as a result
- Keep the medication that caused your adverse reaction, and report the incident
to the Food and Drug Administration (FDA), which keeps a database of adverse
- Speak with an attorney as soon as you can. An attorney can help you determine
whether you have a claim for damages and help you build a case.
Although you may not be required to prove negligence in a defective drug
claim due to strict-liability rules, you must show that the drug caused
harm. Drug manufacturers often deny that there is a clear link between
the medication and the health problems patients suffer. Expert testimony,
the results of medical studies, FDA warnings and recalls, and medical
records may all be necessary to rebut that argument.
Our Orlando Personal Injury Lawyers Can Help You
At The Maher Law Firm, our product liability attorneys have aggressively
represented personal injury victims since our practice's establishment
in 1969. If you or a loved one has suffered severe side effects as a result
of a dangerous drug, we can help you recover the compensation you deserve.
We will assist you with all aspects of a defective drug claim, from evaluating
whether you have a case, investigating your claim to negotiating a settlement
or proving your case in court. We do not charge for legal services unless
and until we recover compensation for you.
If you need legal guidance, turn to our firm for help
as soon as possible.