Many people assume the pharmaceutical medication they are taking or the medical device they are using is safe, but this is not always the case. There are many dangerous drugs and devices on the market that can cause serious injury or even death. If you have suffered an injury or a loved one has died due to a pharmaceutical medication or medical device, and you are unsure what rights you have, you need to contact our experienced Milwaukee drug injury lawyer to discuss what steps to take to protect your legal rights and possible compensation.
What Are Drug Injuries?
Prescription medications come with certain side effects or risks. Some side effects can cause serious injury or death. According to our Milwaukee drug injury lawyer, this happens when these side effects cause a person to become seriously injured or killed due to taking the prescribed medication or using a specific medical device. The injury or death may be linked directly to a reaction or side effect of a drug or device and can be cause for a lawsuit since it would not have happened without taking the medication or using the medical device.
When prescribing a certain medication, doctors often alert their patients of the risks or side effects associated with it and can give the patients the options to take it based on this knowledge. A drug injury can be because the patient was unaware of the associated risks that come with taking a certain drug or using a medical device, and if they knew of the risk, they may have chosen a safer option to prevent the drug injury from occurring.
Possible Drug Injuries Suffered by Victims
Many possible drug injuries can vary depending on the specific drug, but may include:
- Heart attack
- Increase in blood pressure
- Severe depression or neurological issues
- Internal organ damage
- Internal bleeding or blot clots
- Liver or kidney failure
- Certain types of cancers
- Skin conditions or severe skin reactions
- Sudden death
How Do Drug Injuries Happen?
A drug injury can happen due to various reasons and can often be due to the following:
- Design defect. An injury can occur due to a design defect by the pharmaceutical company that results in a drug that is unsafe for patients to take for their specific condition. This can be due to inadequate product testing or not warning patients or medical professionals about identified risks that were discovered when creating the medication.
- Manufacturing defect. A manufacturing defect can be due to a failure by the pharmaceutical company to take reasonable care when manufacturing the drug or device to prevent contamination during the manufacturing process or the wrong dose of the drug, making it stronger or weaker than it was designed to be made. The drug may also have the wrong label put on it, a label created that was missing important information, or a device may have a broken or missing part crucial to its overall planned design.
- Lack of proper warning. The pharmaceutical company did not warn the patient or prescribing medical professional of the potential side effects of a drug or medical device even though they were aware of them. This can be due to inaccurate or incomplete drug labeling or untruthful advertising.
What’s the Difference Between Drug Side Effects and Drug Injuries?
Pharmaceutical drugs come with risks and side effects that are clearly stated on packaging, in advertising, or made known by medical professionals who advise their patients of the potential risks and side effects. Side effects can vary depending on the medication and some can be mild while others can be severe or even life-threatening.
Drug injuries can be life-altering or fatal. Pharmaceutical companies may know of the potential for drug injury and not discuss or make known the possibility for injury to the patient or medical prescriber. They may simply ignore the risks or fail to properly report them.
The main difference between a side effect and drug injury is whether the pharmaceutical company makes known the potential risks to doctors and patients so that an educated decision can be made when considering taking a medication or using a medical device. If you took a certain medication or used a medical device and suffered serious side effects that you were not warned about before taking the drug or using the device, then it is considered a drug injury and you may be able to recover damages for your injury.
Who Can I Sue for Drug Injuries?
If you suffered a drug injury, you may be able to sue for damages. There are various parties that could be held liable for your drug injury. According to our Milwaukee drug injury lawyer, some of the most common defendants in a drug injury lawsuit include:
- If the drug injury was due to a design defect, then the pharmaceutical company may be held responsible.
- If the drug injury was due to a manufacturing defect, then the company that makes the drug or medical device may be liable.
- If the drug injury was due to false or misleading marketing, the prescription drug company may be held responsible.
Class Action Lawsuit
In cases where there are a group of people injured by a drug or medical device, a class-action lawsuit may be filed. This type of lawsuit is filed by a group of people with similar side effects and drug injuries. The lawsuit is against the company that manufactured the drug or medical device. Class-action lawsuits have many benefits, and the potential recovery is divided among all the plaintiffs named in the claim.
Drug Injury Statute of Limitations in Wisconsin
In Wisconsin, there is a statute of limitations on how long you have to file a drug injury lawsuit. If you miss the deadline for filing a lawsuit, you will not be able to recover damages for your drug injury claim. The statute of limitations for filing a personal injury lawsuit such as one for a drug injury is three years from the date you knew or would reasonably know of a drug injury.
If the drug injury is part of a class-action lawsuit that will be filed in federal court or in a specific state, the statute of limitations may be different than the three years in Wisconsin deadline. It is important to understand the specific deadlines required for taking part in a class-action claim so that you can recover damages for your drug injury.
If you plan to pursue a lawsuit, don’t wait to take action. The sooner you start the process, the more likely evidence relevant to your case will be preserved. In addition, starting the process as soon as possible can also prevent costly mistakes that can affect your recovery. Having an experienced drug injury lawyer in Milwaukee on your side can ensure your legal rights stay protected and you meet all necessary deadlines to file your lawsuit.
How to Select the Right Drug Injury Lawyer in Milwaukee
If you have suffered a drug injury, you do not want to trust the pharmaceutical company to settle your claim. Pharmaceutical companies want to settle claims as fast as possible and for the least amount of money. Contacting an experienced drug injury lawyer can protect your legal rights and help recover the damages you are entitled to receive. They can also fight big pharmaceutical companies and determine if your case can be part of a class-action lawsuit.
Selecting the right drug injury attorney in Milwaukee for your case can affect the outcome of your lawsuit and the amount of compensation you will receive. When selecting a drug injury lawyer, you will want to look for someone who will fight for your rights and has the experience to do so. You can often find information on a law firm’s website that can be helpful with your decision on what lawyer to select.
Other Factors to Consider When Looking for a Lawyer
- Case results give examples of what other drug injury clients have been awarded as settlements for their cases.
- Testimonials from past clients can show how satisfied other clients have been with the lawyer for their case.
- Awards and accolades can give you information on how a lawyer rates in the community and what type of recognition they have received.
Questions to Ask Your Milwaukee Drug Injury Lawyer During a Consult
When looking for the best drug injury lawyer in Milwaukee, not only is it important to interview a couple of candidates, but it's also extremely important to ask the right questions during your free consultation in order to make the right decsion. Some of the questions you should be asking, include:
- How many drug injury cases have you and your firm handled?
- How much success have you had defending clients in drug injury lawsuits and can you provide examples?
- Why do some people not wualify for drug injury lawsuits & do I?
- Can I sue if my provider omits a drug dose that results in injury or death?
- What is your preferred method of communication with your clients?
Contact Hupy and Abraham's Drug Injury Attorney in Milwaukee
If you need a Milwaukee drug injury attorney, contact Hupy & Abraham for a free, no-obligation consultation. Our team of experienced drug injury lawyers have a successful track record of getting our clients the fair recovery they deserve. To schedule an appointment, fill out our convenient contact form online or call us at 1-800-800-5678.