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

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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.

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  • Can I recover damages if I am hurt by an antibiotic if I asked my doctor to prescribe an antibiotic to treat my infection? Is there any reason for me to call a Milwaukee drug injury lawyer?

    Yes, you may be able to recover damages for your antibiotic-related side effects if the drug hurt you. This is true even if you asked the doctor to provide you with a prescription to treat a common infection such as an ear infection or sinus infection. Ultimately, it doesn’t really matter if you requested such as a prescription since you did not have the authority to write the prescription and you did not know of the risks that you faced when you made the request.

    If you have suffered an injury that was caused by an antibiotic side effect, then you may be able to recover damages for your injuries. Damages may include compensation for medical expenses, out-of-pocket costs, lost income, and pain and suffering. The recovery of these damages can have a significant impact on your medical care and on your future. Without these damages, you may not get the care that you deserve or be able to make as a full a recovery as you might otherwise be able to make.

    For these reasons, we encourage you to contact our experienced Milwaukee pharmaceutical class action lawyers today for a free consultation about your rights. We can be reached via this website or by phone at 1-800-800-5678 or 414-223-4800.

  • Why isn’t my Milwaukee doctor responsible for the injury I suffered after taking the medication he prescribed?

    If your doctor was negligent in prescribing the drug and prescribed a drug that was not safe for you to take, then your doctor could be responsible for the injury caused by medication. However, if the drug would have been prescribed by a reasonable doctor and your doctor had reason to believe in the drug’s safety, then it may not be your doctor’s fault that you were injured.

    For example, it may not be your doctor’s fault if the drug that you took was:

    • Contaminated before entering the market.
    • Not thoroughly researched prior to entering the market or after it had been on the market.
    • Not appropriately tracked for possible side effects once it entered the market.
    • Otherwise compromised.

    In these cases it is not the doctor but more typically the pharmaceutical company that manufactured the drug that is responsible for your injuries.

    While you likely do not know the drug manufacturers in the same way that you know and trust your doctor, drug companies do have responsibilities to you. If you have been hurt by a prescription drug or medical device then you may have a case against the drug or medical device manufacturer. You may be able to recover damages for the harm that has been caused.

    To learn more, we encourage you to contact our experienced Milwaukee pharmaceutical injury class action lawyers today. Our Milwaukee class action attorneys can be reached at 1-800-800-5678 or 414-223-4800 for a free consultation.

  • Can I contact a local Milwaukee pharmaceutical class action lawyer if I am hurt after purchasing a prescription drug from an online pharmacy?

    Yes. If you live in Wisconsin, Iowa, or Illinois, or if the online pharmacy from which you purchased your medication does business in these states, then you can contact a Milwaukee pharmaceutical class action attorney to learn more about your rights and possible recovery after a prescription drug injury.

    Online pharmacies, the drug companies that supply medications to online pharmacies, and the pharmacists who work for online pharmacies have the same obligations to patients as do typical brick and mortar drug stores, the pharmaceutical companies that supply them with medication and the pharmacists who work for them. Doing business online does not take away the responsibilities that these pharmacies, suppliers, and pharmacists have to their customers.

    A drug injury that occurs because of a medication purchased online is every bit as serious as a drug injury that occurs because of a medication purchased in a typical pharmacy where you meet the pharmacist and are handed your medication. The injuries still result in the same physical pains, medication interventions, lost incomes, and other damages regardless of which pharmacy you used to fill your prescription.

    Thus, we encourage you to protect your rights and fight for your just recovery regardless of which pharmacy you used to get your medication and to contact our experienced Milwaukee drug injury lawyers today by filling out our contact form on this website or by calling us at 1-800-800-5678 or 414-223-4800 for a free consultation.

  • Do Milwaukee pharmaceutical class action lawyers represent only people who have been hurt by prescription drugs?

    No. While Milwaukee pharmaceutical class action attorneys certainly represent people who have been hurt by prescription drugs in the United States, that is not all that we do. We recognize that serious injuries also occur because of other health care products. Thus, we also represent groups of people who have been hurt by over-the-counter medications or medical devices. Medical devices may include things such as implants, medical equipment and other products used in the care of a patient.

    Whether you have been hurt by a prescription drug, over-the-counter medication, or medical device, you deserve to understand your rights and to pursue a fair and just recovery from the manufacturer who caused your injury. Your injury is no less important or deserving of compensation if it results from a defective medical device or over-the-counter medication.

    For that reason, our Milwaukee personal injury attorneys work hard for classes of patients who have suffered similar injuries from the same drug, medicine, or device. Injured parties should not have to spend a lot of money or time fighting for their recovery and holding those who hurt them accountable. Accordingly, we fight hard on behalf of our classes of patients. We put forth strong cases with qualified expert witnesses and we zealously advocate for justice.

    For more information and to see if you qualify for a Milwaukee class action drug lawsuit, we encourage you to contact our Milwaukee drug injury lawyers today at 1-800-800-5678 or 414-223-4800.

  • How many medications are prescribed in the United States every year? If the majority of prescription drugs are safe, does that mean that I won’t be able to recover for the serious and unexpected side effects that I suffered?

    In 2011, there were 4.02 billion prescriptions filled in the United States. That is an increase over the 3.99 billion prescriptions in 2010. These numbers are high and many of the prescriptions help people live longer lives or improve the quality of lives.

    Yet not all prescription drugs are safe. Some medications cause serious injuries. If this has happened to you then it doesn’t matter that the majority of prescription drugs are safe. It doesn’t matter if every other prescription drug is safe. What matters is that you have been hurt, or you have lost a loved one, and that you may be entitled to legal damages.

    Pursuing a fair and just recovery for a prescription drug injury does not need to be expensive or time consuming. Instead, you should contact an experienced Milwaukee pharmaceutical class action lawyer to find out if others have been similarly injured and if your injuries qualify you to be part of a pharmaceutical class action lawsuit.

    You appreciate the safe prescription drugs that you take. So too do your Milwaukee drug injury lawyers. We know that prescription drugs have saved our lives, or the lives of our loved ones. Yet, we also believe that drug manufacturers should be held accountable, and injured people should be able to recover for unsafe drugs.

    For more information, please contact our Milwaukee personal injury attorneys today at 1-800-800-5678 or 414-223-4800.

  • Is a drug that is newly approved by the FDA safer than previous drugs approved to treat the same condition? Will I be safe from dangerous side effects and avoid a pharmaceutical injury in Milwaukee if I take an FDA approved drug?

    Newer drugs are not necessarily safer drugs. There is no requirement that a new drug has to be safer than a drug that is already on the market in order for it to be approved by the FDA. Instead, the FDA needs to find that the new drug is more effective to treat a specific health condition than a placebo.

    While newer drugs are not necessarily safer than drugs already on the market, many Americans are unaware of that fact. A study published by Dartmouth researchers in 2011 found that patients were more likely to choose a newer drug than one that had been on the market for some time. However, that is not always the safest choice since side effects from older drugs may be more readily known.

    Additionally, 39 percent of people who participated in the study believed that the FDA only approves “extremely effective” drugs and a quarter of people who participated in the study believed that the FDA only approves drugs without serious side effects. That is simply not true. A drug does not need to be extremely effective nor does it need to be without serious side effects to gain FDA approval.

    If you have been hurt by a prescription drug then it is important to contact a Milwaukee pharmaceutical class action lawyer as soon as possible to learn more about your rights. Our Milwaukee class action attorneys can be reached today at 1-800-800-5678 or 414-223-4800.

  • Is Actos the only diabetes drug linked to an increased risk of bladder cancer?

    In June 2011, the FDA issued a safety alert warning diabetes patients and their health care providers that the diabetes drug Actos could cause an increased risk of bladder cancer if used for more than one year. The safety warning was issued based on the results of a study that led some European countries to pull Actos from the markets. Subsequently, the finding was confirmed by another study published in the May 31, 2012 issue of the British Medical Journal.

    In August 2012, a new study conducted by researchers at the Perelman School of Medicine at the University of Pennsylvania and published in the Journal of the National Cancer Institute found that the risk is not just for Actos. Instead, researchers found an increased risk of developing bladder cancer for diabetes patients who took medication in the thiazolidinedione family as compared to diabetes patients who took other types of drugs. Medications in the thiazolidinedione family include both Actos and Avandia. 

    If you have diabetes and have bladder cancer, have had bladder cancer, or may be at increased risk of developing bladder cancer then it is important to talk to your doctor about your diabetes treatment options.

    Additionally, if you have developed bladder cancer while taking Actos, Avandia, or another diabetes drug then it is important to contact a Milwaukee class action lawyer for more information about your rights and potential recovery. You can reach an experienced Milwaukee class action attorney today at 1-800-800-5678 or 414-223-4800 for a free consultation.

  • I was hurt by a prescription drug. However, I’m sure others have suffered greater injuries than me. Should I still contact a Milwaukee pharmaceutical class action lawyer?

    While minor side effects that go away without medical treatment and without days lost from work are typically not injuries that are included in pharmaceutical class actions, there are many other types of injuries that may be included in class action lawsuits.

    Members of a “class” or group that files a lawsuit together against a pharmaceutical company or medical device manufacturer must suffer similar, though not identical, harms from the drug they used or medical device they received. If your Milwaukee class action lawsuit is successful, then you will recover damages that are proportionate to the harm that you suffered from the drug. Other members of the class will also receive recoveries that are proportionate to their injuries.

    Until you talk to a Milwaukee medical device lawyer, it can be difficult to understand whether your injury is one that is similar to that of other people for purposes of a class action lawsuit. Thus, if you have suffered any injury then it is important to contact an experienced Milwaukee class action attorney to learn more about the class filing the lawsuit and how you may fit into the class to get the recovery that you deserve in an affordable and efficient manner.

    For more information, please contact the experienced and empathetic lawyers at our Milwaukee class action law firm. We can be reached today at 1-800-800-5678 or 414-223-4800 for more information.

  • Can I still pursue a class action lawsuit against a pharmaceutical company in Illinois if the drug has already been recalled?

    Generally, if you have been harmed by a drug or medical device, you may pursue a personal or class action lawsuit against the pharmaceutical company—and this applies whether or not the drug or medical device has been recalled. In fact, many class action lawsuits against pharmaceutical companies aren’t even started until after the recall has been announced.

    There are three main types of drug recalls that may affect you:

    • Voluntary. A drug manufacturer can initiate a recall on its own of a product. The FDA generally oversees this voluntary process.
    • Requested. If the threat to consumer health is very serious, the FDA may request that a drug manufacturer recall the product.
    • Ordered. In some specific and serious cases, the FDA may have the power to order a recall. Although most drugs are excluded, this might apply in cases of defective medical devices, infant formula, transplant tissue, and similar products.

    If you have been harmed by a medication in Illinois and notice that it has been recalled, you may have several options for how to proceed depending on your circumstances, including starting a class action, joining a class action, or pursuing a personal lawsuit against the company.

    For help determining the best route for you or a loved one, speak with our experienced Rockford class action lawyers today at 866-532-4800. We’d be happy to speak with you about your rights in a completely free, no-obligation legal consultation and help you on the way to getting the compensation you deserve for your medical device or drug injuries. 

  • If I had a problem with the software related to a medical device, could an Illinois class action attorney still help me start a class action against a medical device company?

    It’s hard to say without more details, but problems with the software a medical device uses would likely be treated in the same way as a problem with the device itself. In fact, a recent FDA study shows that almost a quarter of the medical devices that are recalled each year are recalled because of problems with the software. The FDA has even recently said it plans to implement new technologies that make it easier to spot potential problems and will delay medical device companies that are releasing their products with software that is unsafe, poorly written, poorly tested, or susceptible to cyber attacks.

    If you have already suffered an injury from a defective medical device or associated software concerns, then you may be able to seek compensation for the medical bills, lost wages, and pain and suffering you have been put through. Although it is impossible to determine if you have a case without more information about your personal experiences with the device or software, you may have the option of pursuing either a personal lawsuit against the company or joining a medical device class action in Illinois.

    Our experienced Bloomington class action lawyers are available to help you today, and we would be happy to review your potential case in a completely FREE, no-obligation legal consultation to about your options and plot a course of action. Don’t wait until it’s too late to pursue compensation for your injuries—speak with us today at 866-532-4800 or fill out our easy and confidential online contact form.