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Can I recover damages if hurt by a defective prescription drug or medical device?

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You can file a claim for the pain you endured from a defective medical device or drug

Yes. If you have suffered a physical injury as a result of a dangerous prescription drug or a defective medical device, then you have the right to make a full recovery of damages.

Non-Economic Damages

In order to be fully compensated for the injuries that you have suffered, you will need to recover financially not only for the damages that you can prove with a bill or receipt, but also for the non-economic damages that you have suffered. These damages may include:

  • Physical pain. This does not include your medical bills, but rather the actual pain that you have to experience. Pain impacts your quality of life and your ability to participate in your work, leisure, and family activities.
     
  • Emotional suffering. Your injury may cause you to suffer emotionally if you suffered a medical trauma or if you can no longer participate in your regular activities. This type of emotional suffering—though difficult to quantify—is deserving of compensation.

Other non-economic damages such as loss of enjoyment of life, disfigurement, and more may also be included in your recovery.

But First You Have to Prove What Damages You’ve Suffered

You can expect the pharmaceutical company to fight your recovery of non-economic damages. Accordingly, you will need evidence including, but not limited to:

  • Medical records. These will establish the specific injuries you suffered.
     
  • Diary entries. This type of evidence, which may be kept in the notes section of your phone, on your computer, or on paper, can show what activities you can no longer do and what events you can no longer attend as a result of your injuries.
     
  • Therapist’s testimony. This type of expert testimony may help establish the extent of your emotional suffering.
     
  • Doctor’s testimony. This type of expert testimony may help establish the extent of your physical pain.

An experienced pharmaceutical injury lawyer can help you get the recovery that you need. Please contact us today. Find out if there is a class action lawsuit pending that you may be part of, if there is one that you may start, or if there is another way to protect your right to full and fair recovery of damages for a prescription drug or medical device injury.

Jason F. Abraham
Managing Partner, Hupy and Abraham