Are You Suffering Injuries Resulting From Dangerous Drugs or Defective Medical Devices?
Our Wisconsin drug injury lawyers know that pharmaceutical companies are not above the law.
Because the pharmaceutical industry is regulated by the Food and Drug Administration (FDA), many people assume that the medication and medical devices they buy must be safe. Unfortunately, that’s not always the case.
Dangerous drugs and medical devices are currently on the market in the United States. If you have been hurt or a loved one has died because of these medications or devices, then our experienced lawyers want to help you get the recovery that you deserve.
Dangerous Drugs and Medical Devices
- Acetaminophen. Several studies indicate that taking acetaminophen, or Tylenol, during pregnancy may increase the child's risk of developing autism.
- Asbestos. Exposure is alleged to cause mesothelioma.
- DePuy Attune® Knee Replacement System. Instead of the pain going away, patients have experienced a loosening of the bond between the knee replacement and the tibia bone.
- IVC Filters. The FDA has received more than 900 reports involving IVC filter complications such as the device breaking apart and becoming dislodged and perforating or puncturing the inferior vena cava.
- JUUL. Many individuals may have developed serious lung injuries or addiction from JUUL products.
- Roundup. People exposed to Roundup® who developed non-Hodgkin’s lymphoma have filed lawsuits against the manufacturer Monsanto.
- Talcum Powder. A lawsuit has been filed alleging that Talcum Powder products cause ovarian cancer.
- Zantac. Zantac has been pulled off store shelves by the FDA as concerns were raised that the heartburn medication causes cancer.
- 3M™ Combat Arms™ Earplugs. This standard issued protective gear provided to soldiers has an alleged design defect that prevented soldiers from receiving adequate ear protection.
This list is constantly growing. If you’ve been hurt by any medication or medical device, then we encourage you to learn more about why the injury may have happened, what you can do about it now, and how our experienced lawyers can help you.
Why Dangerous Drugs and Medical Devices Are on the Market
A dangerous medication or medical device may be on the market because of the negligent or intentional actions of a pharmaceutical company. Consider what could happen if there is a problem with:
- The design of the drug or medical device. A design that was not adequately tested could result in a defective medication or medical device.
- The manufacturing of the drug or medical device. A problem in the manufacturing of a medication or medical device could include undisclosed ingredients, the wrong dose of some components or other manufacturing defects that result in physical injury.
- The marketing of the drug or medical device. If the marketing of the drug or medical device fails to mention risks that are known or should be known to the pharmaceutical company, then serious harm could result to the patient.
Any of these causes of drug injuries can result in serious harm to a patient.
What to Do If You’ve Been Hurt by a Dangerous Drugs or a Medical Device
If you’ve been injured by a drug or medical device then it is important to know tips for protecting yourself and more about:
- The role of the FDA. The FDA approves and regulates drugs and pharmaceutical devices in the United States. You have the right to file a lawsuit against a pharmaceutical company even if the drug or medical device that hurt you had FDA approval. Additionally, you have the right to file an adverse report with the FDA if you’ve been hurt but that report will not result in a monetary award of damages for you.
- FDA recalls. The FDA has the authority to recall dangerous drugs and medical devices. However, it is not necessary for the FDA to recall a product in order for you to file a lawsuit.
- The potential problems with the pharmaceutical industry. Pharmaceutical companies are for-profit businesses that may put sales ahead of patient safety.
- What to do if you experience drug side effects. If you experience any unintended side effects from a medication or medical device then you should immediately contact your doctor for medical advice and treatment. Additionally, you should keep accurate records how and when you used the drug or device and of your side effects.
- What not to do if you’re hurt by a medication or medical device. You should not delay medical treatment and you should not try to negotiate with the pharmaceutical company on your own. Both of these things could interfere with your fair recovery.
- The truth about pharmaceutical class action lawsuits. It is possible to get a fair recovery in a pharmaceutical class action and to stay in control of your future.
Then you can decide whether or not you want to join a class action case.
How a Pharmaceutical Class Action Case Works
Pharmaceutical class actions are different than other types of lawsuits. Before you join a class action, you should know how a case works and…
- What a class action is and how to file a class action case. A pharmaceutical class action case allows a group—a “class”—of people who have suffered similar injuries from the same drug or medical device to file a lawsuit together against a common defendant. This allows those who have been hurt to share resources and litigation expenses. A class action must be certified by the court.
- About the role of the lead plaintiff and the rest of the class. Lead plaintiffs often chose the pharmaceutical class action lawyer to represent the class and work closely with the attorneys through all stages of litigation. The rest of the class may not be as closely involved in the litigation, but will recover damages if the case settles or a court verdict is rendered.
- How to find a class action lawyer—and whether you need one. Pharmaceutical companies often have experienced and aggressive lawyers working for them. You deserve the same advantage and should schedule a free consultation with a lawyer who is experienced taking on pharmaceutical companies in class action lawsuits.
- What evidence to share with your class action lawyer. Learn what is important to tell your lawyer about so that your attorney has the necessary information to pursue a claim on your behalf.
- Whether you can sue for a generic drug side effect. Different rules apply if you are pursuing legal action against the maker of a generic drug. Before filing a lawsuit, it is important to talk to your lawyer about your options.
- Whether you have standing to sue. If you were hurt by a drug or medical device, if your child was hurt by a drug or medical device, or if your loved one was killed and you are the administrator of your loved one’s estate, then you may have legal standing to bring a case in court.
- How long you have to file a case. Every state including Wisconsin limits the amount of time that you have to file a lawsuit. If you fail to bring a case before the statute of limitations, then you will likely fail to receive a recovery.
- How settlements work in class action cases. Damages will be divided among the plaintiffs in the class action.
If your claim is successful then you may be able to recover damages for the injuries that you’ve suffered.
The Damages You Can Recover in a Pharmaceutical Class Action Lawsuit
Damages recovered in a pharmaceutical class action case will be distributed according to the injuries that you suffered from the medication or medical device that hurt you. These damages may include compensation for past, current and future…
- Medical expenses. This includes all healthcare-related expenses.
- Lost income. You have the right to recover for any income you could not earn as a result of injury.
- Out-of-pocket costs. Any costs you incurred may be compensable.
- Pain and suffering. Your emotional suffering and physical pain may also be compensable.
Speak With A Wisconsin Drug Injury Lawyer
To learn more about getting the recovery that you deserve, please contact the drug injury attorneys at Hupy and Abraham. We are not afraid to hold the large pharmaceutical companies accountable for their negligent or intentional actions that led to your injury. Instead, we are committed to helping you recover. Please call us today at 1-800-800-5678 to schedule your free, no-obligation consultation today.