Pharmaceutical class action cases are not like other types of personal injury lawsuits.
In a pharmaceutical class action case, you are alleging that an FDA-approved medication or medical device made by a well-funded and perhaps well-established company caused you a serious injury. That company is going to fight hard against your fair recovery…and you need to know how to fight back.
Our experienced pharmaceutical class action lawyers know how to protect your rights, and we are committed to seeking justice. Below, we answer some commonly asked questions about pharmaceutical class action cases so that you can get the information that you need to make informed decisions about your future.
Why Are Dangerous Drugs and Medical Devices Available?
Medications and medical devices may cause serious injuries even after being approved by the Federal Drug Administration (FDA). A pharmaceutical company may be liable for injuries caused by medications or medical device if the company was negligent in:
- Designing the drug. Pharmaceutical companies are expected to do the research and testing necessary to design a reasonably safe medication or medical device that does not result in serious unintended consequences.
- Manufacturing the drug. Pharmaceutical companies are also expected to adhere to reasonable manufacturing practices so that mistakes and contamination do not impact the safety of the medication or medical device.
- Marketing the drug. Pharmaceutical companies have a duty to warn patients about the side effects that are known or should have reasonably been known to them.
Any drug or device may result in an injury if the pharmaceutical company is negligent.
What Are Some Medical Conditions That Result From Dangerous Drugs and Medical Devices?
The list of potential medical conditions that may be caused by dangerous drugs and medical devices is long. Included among those conditions are…
- Stevens-Johnson Syndrome. This serious, life-threatening skin condition is rare, but when it does occur it is often a medication side effect.
- Heart problems. Heart attacks and other problems may occur because of unsafe drugs.
- Cancer. Different kinds of cancer have been linked to different medications.
Any symptoms should be promptly reported to your doctor.
Which Specific Drugs and Medical Devices May Cause Injuries?
Some of the medications and medical devices that are being investigated or have been investigated include:
This list changes often and any serious side effect that you were not warned about should be discussed with an experienced lawyer.
Whom Should I Trust and What Should I Do If I’m Hurt?
You should trust your doctor and your Iowa lawyer. Other than that, it can be difficult to know who to trust about the safety of your medication or medical device. Thus, it is important for you to know about:
- The role of the Federal Drug Administration (FDA). The FDA approves prescription drugs and medical devices before they go on the market. Approvals are based on safety studies.
- How drugs are recalled and what a recall means. The FDA or an individual pharmaceutical company may recall a medication or medical device. Unfortunately, this often occurs after patients have been injured.
- Whether pharmaceutical companies can be trusted. Pharmaceutical companies are looking to maximize their profits and do not always make decisions with patient safety in mind.
- Myths about pharmaceutical class actions. It is possible to succeed against a pharmaceutical company and it is possible to get the compensation that you deserve in a class action case—if you know how to do it.
Additionally, it is important to know what not to do after a medication or medical device injury and to take action if you’ve been hurt.
How Does a Pharmaceutical Class Action Case Work?
It’s also important to understand how a pharmaceutical class action case works. Before you take action, you should know…
- What a class action is and how to start a case. A class action is a specific type of lawsuit that must be certified as a class action by the court. You can learn more about a class action and about how to start a case by talking to an experienced pharmaceutical class action lawyer.
- About the role of the lead plaintiff and the rest of the plaintiffs. The lead plaintiff has different responsibilities from the rest of the class of plaintiffs, but all plaintiffs have the right to recover damages in a class action case.
- How to find a class action attorney and why you need one. Class action lawsuits are unlike other personal injury cases. Accordingly, it is important to find a lawyer who has experience with these specific types of cases.
- What evidence to gather. Your medical records and other information will be important in determining the damages you may recover.
- Your rights if you were hurt by a generic drug side effect. Different rules apply in generic drug cases than in brand-name drug cases. Your lawyer can explain your rights if you’ve been hurt.
- If you have the right to bring or join a lawsuit. If you’ve been hurt in a similar way to how other people have been hurt by the same drug or medical device, then you may be able to recover damages.
- How much time you have to file a case. Your time to file a claim or join an existing class action is limited by statute or by the court. If you miss the deadline then you may be unable to recover damages.
- How class action settlements work. Attorneys typically negotiate the settlement with input from the lead plaintiff(s). However, all plaintiffs may be entitled to a portion of the negotiated recovery.
Then you can make a decision about pursuing damages.
What Can I Recover in a Pharmaceutical Class Action Case?
If you are successful in your pharmaceutical class action case then you may be able to recover for past, current, and future:
- Medical expenses. Your health care costs may be included in your recovery.
- Lost income. If you were unable to work then your lost wages or income may be included in your recovery.
- Out-of-pocket costs. Any costs you incur as a result of your injury may be compensated.
- Pain and suffering. You may be compensated for your emotional suffering and physical pain.
The pharmaceutical company that made or marketed the drug or medical device that hurt you did not give you all of the information that you needed to make an informed decision.
We don’t want that to happen to you again.
Instead, we want you to have all of the information that you need to make an educated decision about how to protect your legal rights. Our lawyers have more than 200 years of combined legal experience and we are not afraid to speak the truth. Please contact us directly at 800-800-5678 for a free consultation about your legal rights.
It can be difficult to apply all of this information to the facts of your case without the help of an experienced attorney. Our Wisconsin car accident lawyers have extensive experience representing people who have been hurt in car crashes in settlement negotiations and at trial, and we have a successful track record. If you would like to schedule a free consultation at one of our conveniently located Wisconsin offices in Milwaukee, Appleton, Green Bay, Madison, or Wausau, then please call us today at 1-800-800-5678 or start a live chat with us now.