Our Wisconsin class action attorneys know that pharmaceutical companies are not above the law.

Because the pharmaceutical industry is regulated by the Food and Drug Administration (FDA), many people assume that the medication and medical devices they buy must be safe. Unfortunately, that’s not always the case.

Dangerous drugs and medical devices are currently on the market in the United States. If you have been hurt or a loved one has died because of these medications or devices, then our experienced lawyers want to help you get the recovery that you deserve.

Dangerous Drugs and Medical Devices

The following are a sampling of the dangerous drugs and defective medical devices currently under investigation by our pharmaceutical class action lawyers:

  • Asbestos. Exposure is alleged to cause mesothelioma.
  • Bair Hugger. This device is meant to keep patients warm during surgery. It's alleged to cause infections.
  • DePuy hip implants. In August 2010, DePuy issued a recall of their ASR hip implant devices, after more than 90,000 had been installed in U.S. patients. The implants have been shown to break down easily, sometimes dissolving metal into the patient’s blood.
  • Granuflo and Naturalyte. The FDA issued a recall notice for these dangerous dialysis drugs in 2012.
  • Invokana. This blood pressure medication allegedly causes kidney and heart problems.
  • Low testosterone drugs. Drugs meant to increase testosterone levels could increase risk of heart attack, stroke, or even death.
  • Talcum Powder. A lawsuit has been filed alleging that Talcum Powder products cause ovarian cancer.
  • Transvaginal mesh. The complications when transvaginal mesh implants go bad can cause pain, serious injuries, or even death.
  • Xarelto. This blood thinner is alleged to cause severe internal bleeding.
  • Yaz. This birth control medication is alleged to have caused heart and blood disorders.

This list is constantly growing. If you’ve been hurt by any medication or medical device, then we encourage you to learn more about why the injury may have happened, what you can do about it now, and how our experienced lawyers can help you.

Why Dangerous Medications and Medical Devices Are on the Market

A dangerous medication or medical device may be on the market because of the negligent or intentional actions of a pharmaceutical company. Consider what could happen if there is a problem with:

  • The design of the drug or medical device. A design that was not adequately tested could result in a defective medication or medical device.
  • The manufacturing of the drug or medical device. A problem in the manufacturing of a medication or medical device could include undisclosed ingredients, the wrong dose of some components or other manufacturing defects that result in physical injury.
  • The marketing of the drug or medical device. If the marketing of the drug or medical device fails to mention risks that are known or should be known to the pharmaceutical company, then serious harm could result to the patient.

Any of these causes of drug injuries can result in serious harm to a patient.

What to Do If You’ve Been Hurt by a Medication or Medical Device

If you’ve been injured by a drug or medical device then it is important to know tips for protecting yourself and more about:

  • The role of the FDA. The FDA approves and regulates drugs and pharmaceutical devices in the United States. You have the right to file a lawsuit against a pharmaceutical company even if the drug or medical device that hurt you had FDA approval. Additionally, you have the right to file an adverse report with the FDA if you’ve been hurt but that report will not result in a monetary award of damages for you.
  • FDA recalls. The FDA has the authority to recall dangerous drugs and medical devices. However, it is not necessary for the FDA to recall a product in order for you to file a lawsuit.
  • The potential problems with the pharmaceutical industry. Pharmaceutical companies are for-profit businesses that may put sales ahead of patient safety.
  • What to do if you experience drug side effects. If you experience any unintended side effects from a medication or medical device then you should immediately contact your doctor for medical advice and treatment. Additionally, you should keep accurate records how and when you used the drug or device and of your side effects.
  • What not to do if you’re hurt by a medication or medical device. You should not delay medical treatment and you should not try to negotiate with the pharmaceutical company on your own. Both of these things could interfere with your fair recovery.
  • The truth about pharmaceutical class action lawsuits. It is possible to get a fair recovery in a pharmaceutical class action and to stay in control of your future.

Then you can decide whether or not you want to join a class action case.

How a Pharmaceutical Class Action Case Works

Pharmaceutical class actions are different than other types of lawsuits. Before you join a class action, you should know how a case works and…

  • What a class action is and how to file a class action case. A pharmaceutical class action case allows a group—a “class”—of people who have suffered similar injuries from the same drug or medical device to file a lawsuit together against a common defendant. This allows those who have been hurt to share resources and litigation expenses. A class action must be certified by the court.
  • About the role of the lead plaintiff and the rest of the class. Lead plaintiffs often chose the pharmaceutical class action lawyer to represent the class and work closely with the attorneys through all stages of litigation. The rest of the class may not be as closely involved in the litigation, but will recover damages if the case settles or a court verdict is rendered.
  • How to find a class action lawyer—and whether you need one. Pharmaceutical companies often have experienced and aggressive lawyers working for them. You deserve the same advantage and should schedule a free consultation with a lawyer who is experienced taking on pharmaceutical companies in class action lawsuits.
  • What evidence to share with your class action lawyer. Learn what is important to tell your lawyer about so that your attorney has the necessary information to pursue a claim on your behalf.
  • Whether you can sue for a generic drug side effect. Different rules apply if you are pursuing legal action against the maker of a generic drug. Before filing a lawsuit, it is important to talk to your lawyer about your options.
  • Whether you have standing to sue. If you were hurt by a drug or medical device, if your child was hurt by a drug or medical device, or if your loved one was killed and you are the administrator of your loved one’s estate, then you may have legal standing to bring a case in court.
  • How long you have to file a case. Every state including Wisconsin limits the amount of time that you have to file a lawsuit. If you fail to bring a case before the statute of limitations, then you will likely fail to receive a recovery.
  • How settlements work in class action cases. Damages will be divided among the plaintiffs in the class action.

If your claim is successful then you may be able to recover damages for the injuries that you’ve suffered.

The Damages You Can Recover in a Pharmaceutical Class Action Lawsuit

Damages recovered in a pharmaceutical class action case will be distributed according to the injuries that you suffered from the medication or medical device that hurt you. These damages may include compensation for past, current and future…

  • Medical expenses. This includes all healthcare-related expenses.
  • Lost income. You have the right to recover for any income you could not earn as a result of injury.
  • Out-of-pocket costs. Any costs you incurred may be compensable.
  • Pain and suffering. Your emotional suffering and physical pain may also be compensable.

To learn more about getting the recovery that you deserve, please contact the attorneys at Hupy and Abraham. We are not afraid to hold the large pharmaceutical companies accountable for their negligent or intentional actions that led to your injury. Instead, we are committed to helping you recover. Please call us today at 1-800-800-5678 to schedule your free, no-obligation consultation today.

Testimonials by Hupy and Abraham Clients

Hupy and Abraham, S.C. is more than just another law firm. They are a pillar in the community providing both monetary and in-kind support to organizations in need. I work with several non-profits and other business in the city ( House of Love, Destiny Productions, Memah's Kitchen, Autism speaks, Mobile City Street Teams, etc...) and Hupy and Abraham has personally supported the mission and vision of each of the aforementioned places in a big way. Their self-less, empowering nature makes our community better because of their presence.
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Date published: 05/4/2015
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