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From helping you after a dog attack or truck accident in Wisconsin to defending your rights as a rider, the personal injury trial attorneys at Hupy & Abraham will be fierce advocates in your time of need.

With offices across Wisconsin, Illinois, and Iowa, and representing clients hurt by slip and fall incidents, car accidents, wrongful deaths, drug and medical device injuries, dog bites, nursing home abuse and motorcycle crashes, we are available where you need us and when you need us.

Contact our professional team of Midwest injury attorneys by calling 800-800-5678 today for your free consultation.

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  • How long do I have to file a lawsuit after a medicine or medical device leaves me injured?

    Time is very limited to file a pharmaceutical injury claim in Iowa

    Your time to file a lawsuit is limited. Each state, including Iowa, has what is known as a statute of limitations. This law explains how long you have to file a claim. If you fail to file your case before the statute of limitation expires, then you may be unable to recover damages.

    What Does the Law Say?

    Iowa Code §614.1(2) provides people who have suffered a personal injury with two years to file a lawsuit. Typically, the statute of limitations begins running on the date that the injury occurred.

    There Are Exceptions

    As with most legal rules, there are exceptions to the statute of limitations. You may have more than two years from the date on which the injury occurred if:

    • You could not have reasonably discovered that you were injured on that date. Some injuries from defective pharmaceutical products are not immediately apparent. In these cases you wouldn’t know that you were hurt until you started to exhibit symptoms of illness or injury. If this applies to you, then your two-year time limit to file a case begins when you knew, or should have known, that you were hurt.
    • You were a minor (under the age of 18) when you were hurt. If your parent or guardian failed to take legal action on your behalf then you have either two years from the date of your injury or until your 19th birthday to take action.

    What If You Don’t File Within the Required Time?

    If you file your case in court after the statute of limitations has expired, then you can expect the experienced attorneys for the pharmaceutical company to motion the court to dismiss your case. If the judge agrees that the time for filing a case has expired, then your case will be dismissed and you will be unable to recover any damages—regardless of the significant injuries that you suffered.

    Accordingly, it is important to understand how an Iowa pharmaceutical class action case works as soon as possible. Please browse our website or start a live chat with us today to learn more and to make sure that your rights are protected.

  • Do I have the right to file or join a class action pharmaceutical lawsuit?

    Illinois law restricts who can file a pharmaceutical class action lawsuit

    You have the right to file a lawsuit—also known as standing to file a lawsuit—if one of three things is true. You may pursue a case if:

    1. You are the person who was injured by a pharmaceutical manufacturer’s defective product or the marketing company’s failure to warn you of the side effects.
    2. You represent the estate of someone who died because of defective product or failure to warn.
    3. You are the legal guardian of someone under the age of 18 who was hurt by a defective product or failure to warn. In this case, you would be pursuing a lawsuit on the minor’s behalf.

    It is not enough to be scared about potential side effects or to be inconvenienced and have to change medications. Instead, you typically need a physical injury in order to pursue legal action in Illinois.

    Who Is the Named Plaintiff?

    In class action cases there are typically one or more plaintiffs designated as the lead plaintiffs in the case. The plaintiffs have their names in the name of the lawsuit. In Illinois, you can be a lead plaintiff if you have a valid cause of action on your own and if your interests represent the interests of the class.

    How to Get Started

    If you believe that you have standing to sue and you want to pursue justice as the lead plaintiff or as part of a class of plaintiffs in a pharmaceutical class action case, then your first step should be to contact an experienced pharmaceutical class action lawyer. You must file your case before the statute of limitations expires and in accordance with all court rules. An attorney can help you do that and can help you get the recovery that you deserve by fighting hard to protect your rights. To learn more about how a class action case works, we invite you to start a live chat with us or to call us to schedule a free consultation at your convenience.

  • How long do I have to file a pharmaceutical class action lawsuit in Illinois?

    Time is limited to file a pharmaceutical class action lawsuit

    In Illinois, the statute of limitations in a class action case depends on what kind of case is filed. The state statute of limitations is found in the Code of Civil Procedure, 735 Ill. Comp. Stat. 5/13-201. According to this law, you generally have two years to file a lawsuit after a personal injury, such as an injury that might occur after a drug is defectively manufactured or negligently marketed.

    In some cases the statute of limitations may be extended. For example, you may have more time to file a case if:

    • You were under the age of 18 when you were hurt and your parents or guardian failed to take action on your behalf.
    • You did not know, and could not have reasonably known, that you were hurt yet.
    • You were mentally or physically incapacitated.

    If the drug company believes that your statute of limitations period has expired, then it is up to the drug company, as the defendant, to raise the issue and prove that it has in fact expired.

    Statutes of Limitation Issues Can Be Complicated in Drug Injury Cases

    The statute of limitations can become a contested issue in your drug injury case. Accordingly, it is important to understand the general rule and common exceptions to the rule, as described above. It is also important to know that if your case is consolidated into multi-district litigation in a federal court outside Illinois, the Illinois statute of limitations will likely still apply to your case if you originally filed your lawsuit in our state.

    If the defense successfully argues that the statute of limitations expired before you filed your case, then you will not be able to recover damages for your injuries. Thus, you need to take action quickly and you need to be sure that your rights are protected. Call us anytime or start a live chat with us at your convenience and let us help you protect your legal rights and potential recovery after a medication or medical device injury. We would be pleased to explain how a pharmaceutical class action case works and to provide you with a free consultation.

  • What information should I share with a pharmaceutical class action lawyer?

    Share with your lawyer as much information as you recall about your drug or medical device injury

    You should share as much information as possible with your lawyer. The more that your lawyer knows about the medication that you took, the side effects you suffered, and the impact of those side effects on your life, the better.

    Start by Sharing What You Share With Your Doctor

    While the reasons for describing your symptoms may differ—and although the help offered by a doctor and Milwaukee prescription drug injury lawyer definitely differs—the symptoms that you should describe to both your doctor and your lawyer are the same. You should describe everything that you are experiencing since you began taking the prescription medication, and you should be specific about how those symptoms have impacted your ability to work, to go about your daily living activities, and to do the things you enjoy.

    Your attorney needs to understand the symptoms that you are experiencing so that your attorney can advise you about your legal options. Patients who become plaintiffs in class action cases share common injuries from the same drug manufactured by the same pharmaceutical company. In order to determine if you are eligible to join the class of plaintiffs and to secure your potential recovery, your lawyer needs to understand what happened to you as a result of taking a specific medication.

    If you are unsure about whether to share something with your lawyer, you should go ahead and share it. There is no harm in providing more information than necessary, but there is a significant risk to not providing enough information. Additionally, you should be prepared to answer all of your lawyer’s questions.

    For more information about what to do if you suffer health consequences from a prescription drug, we encourage you to contact our experienced drug injury lawyers to learn about how pharmaceutical class action cases work. We can be reached via this website or by phone at 1-800-800-5678 at any time.

  • Can I recover damages if I was hurt by a generic drug?

    Compensation is possible for injuries caused by generic drugs

    The law concerning your recovery for pharmaceutical injuries is more complicated when you are suing for a generic drug then when you are suing for injuries caused by a name-brand medication.

    Currently, federal law requires that manufacturers of generic drugs identify their products with labels that meet the same standards as the comparable brand-name drug.

    In June 2013, the United States Supreme Court held that this law prevents a person who was injured by a generic drug from recovering damages pursuant to a state design-defect law. In other words, generic drug manufacturers must follow federal laws with regard to labeling—even if their product is unreasonably dangerous because the label fails to provide adequate warnings to users about risks or side effects of the medication.

    How Is That Fair?

    There are many people who believe that preventing generic drug manufacturers from changing warning labels (along with the protection they get from potential lawsuits) is unfair. In November 2013, the FDA proposed a new rule that would allow generic drug manufacturers to update their warning labels when they have new safety information about their medications. If adopted, the rule could put generic drug makers at increased risk of facing failure to warn lawsuits and pharmaceutical class action lawsuits for harm done to patients. Not surprisingly, many generic drug makers are opposed to the rule. As of November 2016, a final rule has not been issued.

    If You’ve Been Hurt, Then You Need to Know More About Your Rights

    If you have been injured by a generic drug, then it is important to know your rights and to know what you can do to protect your possible recovery. In some cases you may be able to join with other patients who have been injured by the drug that you were taking and you may be able to recover damages. You can learn more about how a pharmaceutical class action case works and about your own rights by browsing our website or by starting an online chat with us today to find out more information.

  • Do I have the right to file a pharmaceutical injury case or to join a pharmaceutical class action lawsuit?

    Not everyone will have the legal standing to sue over a defective medical device or bad drug

    Generally, you have the right to sue a negligent pharmaceutical company if you can prove that:

    • You were hurt by the medication or medical device.
       
    • You are the legal guardian of someone who was hurt by the medication or medical device.
       
    • You are the representative of the estate of someone who has died because of a defective medication or medical device.

    If one of these three things is true, then you may have standing to bring a case for damages against a pharmaceutical company if you can reasonably prove that the pharmaceutical company was negligent in the design, manufacturing, or marketing of the product that hurt you.

    What If You Used the Drug for an Off-Label Use?

    You may be able to join a pharmaceutical class action case even if you took a drug that was approved by the Federal Drug Administration (FDA) for some uses, but not for the condition for which you took the medication. Doctors often prescribe FDA-approved drugs for other conditions that are not included on the label, and pharmaceutical companies sometimes market their medications to doctors for these off-label uses.

    You Should Not Be Left Paying the Price

    Instead, you should be able to recover damages for the harm that has been done to you. You may be able to accomplish this by filing a pharmaceutical class action case if:

    You are one of a class of people who suffered similar injuries from using the drug for the same off-label purpose. You may not know if there is a class of people until you begin to research your legal options.

    The pharmaceutical company marketed the drug for an off-label use or knew that it was being used for off-label purposes and failed to try to stop it. If the pharmaceutical company was trying to profit from the off-label use, or knew or should have known that it was going on, then it could be liable for any harm that was caused by the medication.

    The first step in determining standing is to consult with an experienced pharmaceutical class action lawyer who has done this before and who knows how a pharmaceutical class action case works. For more information, please start a live chat with us now or call us at 1-800-800-5678.

  • What are the dangerous side effects associated with the Mirena IUD?

    Mirena IUD Side Effects

    At first glance, the Mirena IUD (intrauterine device) seems to be an appealing form of birth control for busy women. Mirena contains a low-dose hormone that makes it very effective without the side-effects associated with birth control pills. It is also convenient; once implanted, the Mirena IUD can be left in place for five years. However, this medical device has some serious side-effects, and your doctor may not be aware of the dangers.

    What Are the Side Effects?

    Some of the more serious risks associated with the Mirena IUD include:

    • Ectopic pregnancy.
    • Pregnancy with the IUD still implanted.
    • Organ perforation.
    • Internal scarring.
    • Vaginal erosion.
    • Breast tenderness.
    • Vaginal infection.
    • Bleeding or spotting.
    • Pelvic pain.
    • Menstrual pain.
    • Heavy bleeding.
    • Pelvic inflammatory disease (PID).
    • Intestinal obstruction.
    • Perforation of the intestines.
    • Ovarian cysts.
    • Amenorrhea (lack of menstrual periods).
    • Infertility.
    • Miscarriage.

    Serious complications are most likely to occur when the IUD becomes dislodged from its position at the top of the uterus and migrates to other parts of the body. The dislodged IUD can damage the uterus or other organs. Sometimes the damage is severe enough to require a hysterectomy. Women who suffer serious injury or infertility after using Mirena have filed or joined Mirena lawsuits.

    The Legal Claims Against Bayer Mirena IUDs

    Mirena IUD lawsuits have been filed by women who were hurt by Mirena IUDs and who claim that Bayer, the company that manufactures Mirena…

    • Failed to effectively warn them about the potential side effects. This includes deceptive marketing and downplaying the risks as “uncommon.”
    • Misrepresented the benefits of the IUD.
    • Designed and sold a defective product.

    To learn more about Mirena lawsuits and how you can join the thousands of women who have already filed claims against Bayer, please contact us online or call us directly at 1-800-800-5678. You have a limited time to take action, so we encourage you to schedule your own free, no-obligation consultation as soon as possible.

  • How long do I have to file or join a pharmaceutical class action case in Wisconsin?

    Your time to participate in a medical class action has very strict limits

    You ask an important question, because if you miss the deadline by even just one day then you will be unable to recover damages in a pharmaceutical class action case.

    Generally, personal injury cases in Wisconsin must be filed within three years of when you knew or should have reasonably known that you suffered an injury. If the class action lawsuit is filed in a different state court or in federal court, then the time limit specified by the statute of limitations may be different.

    Additionally, specific deadlines for joining an existing class action lawsuit may be imposed and must be met with in order to protect your right to a fair recovery.

    Don’t Wait Until You Are Up Against a Deadline

    There are very good reasons for taking action sooner rather than later and not waiting until you are nearing the statute of limitations or class action deadline to take action. Specifically, by taking action sooner you:

    • Preserve evidence. The sooner you take action, the sooner that evidence can be preserved. This evidence could be important to you as you try to prove your claim in court or reach a fair settlement.
       
    • Begin the recovery process sooner. You can’t recover damages until you take action. Thus, if you take action sooner then you may recover damages and hold the pharmaceutical company accountable sooner.
       
    • Avoid potential costly mistakes. Mistakes are common after pharmaceutical injuries. For example, negotiating directly with a pharmaceutical company can be a mistake that could hurt your recovery. Instead of doing that, you should consult with an experienced pharmaceutical injury lawyer who knows how to protect your rights and recovery.

    To learn more about how a pharmaceutical class action case works in Wisconsin and to make sure that your individual rights are protected, we invite you to reach out to us at your convenience. We are available 24/7/365 through live chat or by phone (1-800-800-5678).

  • Who pays for my expenses if I’ve been injured by a prescription medication or medical device?

    Your injury claim should pay your medical bills related to your drug or medical device injury

    The answer to your question depends on two things: why you were hurt, and what action you decide to take.

    You may be able to recover your medical expenses and other damages from the pharmaceutical company if you can prove that the company’s negligence caused your injury. For example, if you can prove that there was a defect in the design, marketing, or manufacturing of the medication or medical device then the pharmaceutical company may be legally responsible for paying your damages.

    However, in order to get the pharmaceutical company to pay your medical expenses and other damages, you will need to take action. In most cases, you will need to take legal action. If you fail to do so, then you may be left having to pay for all of your past and future medical expenses.

    What’s Included in Medical Expenses?

    Medical expenses include all of the health care costs associated with the injury that you suffered because of the medication or medical device. This includes medical care that you have already received, medical care that you are currently getting, and medical care that you are reasonably expected to require in the future. Medical expenses may include compensation for things such as:

    • Hospitalizations.
    • Surgeries.
    • Doctors’ appointments.
    • Medications.
    • Assistive medical devices.
    • Rehabilitation therapies.

    The value of your past and current medical expenses may be easy to prove since you should have the bills that state an exact dollar figure. Future medical costs may be harder to value and may require the testimony of doctors and other expert witnesses.

    It Is Worth Fighting for a Full Recovery of Medical Expenses

    Otherwise, you may be left with the bills.

    To find out more about how to protect your fair recovery of damages from a medication or medical device injury, please contact an experienced pharmaceutical class action lawyer today for a free, no obligation consultation. We are available every day around the clock via this website or by phone at 1-800-800-5678.

  • What are out-of-pocket expenses? Can I recover for them if I’ve been hurt by a defective drug or medical device?

    Your drug lawsuit settlement should cover any out-of-pocket expenses related to your injury

    The goal of any personal injury case—including a pharmaceutical injury case—is to make you whole again. It is to reimburse you for the harm that you have suffered as a result of the pharmaceutical company’s negligence.

    Part of that compensation is for your out-of-pocket expenses. These are the costs that you incurred as a result of the defective medical device or dangerous medication that you would not have had to pay but for the negligence of the pharmaceutical company.

    What Are These Expenses?

    These expenses differ from person to person. Sometimes, they can add up to be a substantial sum of money. Some of the things that you should consider are:

    • Transportation costs. The cost of getting to and from your medical appointments should be included in your out-of-pocket expenses. Additionally, if you incur additional transportation expenses because of your injury then those expenses may be compensated. For example, if you used to drive to work and now you take a driving service because your injuries prevent you from driving safely, then you may recover for the difference in cost between driving yourself and the driving service.
       
    • Funeral costs. If your loved one died from a dangerous drug or medical device, then the cost of the funeral may be included in your out-of-pocket expenses.
       
    • Household help. Your injury may require you to hire childcare help or house cleaning help that you did not require before you got hurt. These costs may be included in your out-of-pocket recovery if they were caused by your injury.

    Additionally, any other costs that you can prove were caused by your injury may be included in your recovery.

    How to Know What To Ask For

    It is very challenging to value your own damages after a pharmaceutical injury, but you don’t have to do it alone. Instead, you have the right to talk to a pharmaceutical class action attorney who can help you accurately value your out-of-pocket expenses and other damages and advise you about the pros and cons of joining a pharmaceutical class action case. If you would like to schedule a free consultation with a pharmaceutical injury lawyer, please start a live chat with us now or call us any time at 1-800-800-5678.