Commonly Asked Questions—and Answers—About Wisconsin Pharmaceutical Class Actions

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  • 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.

  • 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.

  • Can I recover for my lost income if an injury from a defective prescription drug or medical device leaves me unable to work?

    You can demand a recovery for lost income due to a defective medical device or drug

    Yes. If you can prove that a defective prescription drug or medical device caused you to suffer an injury so severe that you are unable to work, then you may be able to recover for the income that you are unable to earn due to your injury.

    What Does Lost Income Mean?

    Lost income means any source revenue that you have already missed out on, that you are currently unable to make, or that you will be unable to achieve in the future because of your injury. It could include:

    • Wages.
    • Bonuses and other incentives.
    • Benefits.
    • Income you made from being self-employed.

    It is not all or nothing. If you are unable to work the same hours or at a job where you earn the same income as you did prior to your injury then you may be able to recover for the difference in your income in a pharmaceutical injury lawsuit.

    You Didn’t Expect to Be Hurt, But You Should Expect a Fair Recovery if You Fight For It

    The decision about whether to take a specific medication or use a certain medical device was not an easy one. It was one that you discussed with your doctor. At the time, you and your doctor decided that the benefits of the drug or medical device outweighed the possible risks. Yet you didn’t know all of the risks…and you didn’t know that you would be hurt.

    Now, you deserve to make a fair recovery. If you join a pharmaceutical class action lawsuit, then your damages should be proportionate to your injuries and may include compensation for the income that you were, are, or will be unable to earn. To learn more about protecting your rights, please contact an experienced pharmaceutical class action lawyer for a free, no obligation consultation today by start a live chat with us or calling us directly at 800-800-5678.

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

    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.

  • I don’t see the prescription medication that hurt me on your website. Does that you mean you can’t help me with a pharmaceutical class action lawsuit?

    No, it does not necessarily mean that we can’t help you with your claim. Instead, it means that you should contact us now via our online chat feature, “contact us” form, or by phone to set up an initial consultation so that we can talk about what happened to you and about your legal rights.

    We Will Listen to You

    If the prescription medication that you were given at Mercy Medical Center, another Des Moines hospital, or by an Iowa doctor to take at home harmed you in a way that you were not warned about then it is important to find out more about your legal rights.

    If other people have suffered similar injuries from the same drug, and other criteria are met, then you may be able to file or join a class action lawsuit. You and others like who have been hurt can combine your resources, your time, and your energy to bring a pharmaceutical class action lawsuit against the pharmaceutical company that made and/or distributed the medication that caused you harm.

    How We Can Help

    We can help answer your questions and get you the information that you need to make an informed decision about filing or joining a pharmaceutical class action case. To stay up to date on important information about pharmaceutical class actions, and other personal injury matters please follow us on Facebook and subscribe to our quarterly newsletter.

  • I know that traditional birth control pills can increase a woman’s risk of heart attack and stroke. Is the NuvaRing safer?

    Many women are aware of the potential dangers of birth control pills. Oral contraceptives are associated with an increased risk of blood clots, heart attack and stroke—even in young women. These women like the convenience and effectiveness of the pill, but they want a safer alternative. Some choose hormonal contraceptive devices like NuvaRing because they believe that the steady, low dose of hormones is less risky. But recent research shows that NuvaRing may be even more dangerous than many birth control pills.

    Studies show that women who use NuvaRing have a 50 to 90 percent greater risk of blood clots than women who use birth control pills. NuvaRing has also been linked to pancreatitis, gall bladder disease, and liver tumors.

    Possible NuvaRing Side Effects

    • Toxic shock syndrome (TSS)
    • Increase in blood pressure
    • Blood clots
    • Thrombophlebitis (painful swelling of a vein)
    • Deep vein embolisms (DVE)
    • Deep vein thrombosis (DVT)
    • Retinal thrombosis (a blood clot in the eye)
    • Pulmonary embolism (a blood clot in the lung)
    • Stroke (a blood clot or broken blood vessel in the brain)
    • Heart attack
    • Pancreatitis
    • Gall bladder disease
    • Liver tumors
    • Death

    NuvaRing was approved for use in 2001. Since then, the FDA has received more than 5,000 reports of adverse effects in NuvaRing users. NuvaRing has been associated with more than 40 deaths.

    If you have suffered a blood clot while using NuvaRing, we encouraged you to discuss your condition with our pharmaceutical injury attorneys. You may qualify to take part in a NuvaRing injury lawsuit. Contact Hupy and Abraham at 800-800-5678 to learn more.