Pharmaceutical Litigation

Each year, more Americans are dying from adverse reactions to prescription medications than from use of illegal drugs.

In recent years, millions of Americans have compromised their health and suffered serious and/or dangerous side effects by taking prescription or over-the-counter medications that prove to be defective. These side effects have included:

Birth defects • Stroke • Heart attack • Hypertension • Liver Failure • Insomnia
Memory loss • Kidney damage • Palpitations • Numbness and tremors

Serious injuries or death from use of prescription drugs has led to an alarming number of product liability cases filed against major U.S. drug manufacturers. All too often, these medications are not thoroughly tested or do not carry detailed health-risk warnings.

Pharmaceutical litigation cases, however, are not limited to prescription drugs. In recent years, medical devices, including implants, defibrillators, pacemakers, and birth control patches, have also proven to be dangerous or deadly.

Facts & Statistics You Should Know:

The Drug Recall Help Center reports that:

• An estimated 200,000 Americans die annually from adverse reactions to prescription medications.
• More than $78 billion in prescription and over-the-counter medications are produced annually in the United States.
• Nearly 50 percent of America’s seniors take three or more medications; five out of six people over the age of 65 take one or more drugs.

Understanding the Law

Using testing criteria established by the Food and Drug Administration (FDA), drug and medical device manufacturers are responsible for testing all products prior to market introduction in order to fulfill their duty to provide products that are reasonably safe when used as intended.  Even though a product has been received FDA approval, the manufacturer can still be held liable for injury or death if a drug or device proves to be defective.

In successful pharmaceutical litigation cases, victims and/or their families are awarded financial compensation for damages, lost earnings, and/or pain and suffering.

As with all product liability cases, there are statute of limitation restrictions which vary from state to state and limit the amount of time in which a claim can be filed. Many states, however, have adopted a “discovery rule,” which allows victims to file a claim at the time he or she becomes aware of the symptoms rather than when the product was used.

It is interesting to note that if you or a loved one has taken a drug that is proven to be dangerous or defective, you may be entitled to receive compensation, even if you did not suffer any side effects.

Have You or a Family Member Been Victimized by a Defective Drug or Medical Device?

There are five important steps that you must take if you or a family member has suffered an illness, injury, or fatality that was caused by a defective drug or medical device:

1. Maintain a comprehensive medical history for each member of your family. 
2. Provide as much information about the prescription or medical device—including the name of the manufacturer and place and date of purchase or treatment—as possible.
3. Seek medical treatment if symptoms develop. Retain copies of all healthcare records and bills associated with the incident or injury.
4. Obtain an attorney who has experience in pharmaceutical litigation.

Why You Need a Personal Injury Attorney

Pharmaceutical litigation cases require the unparalleled expertise of an attorney who can confidently face powerful drug companies in court in class-action and personal injury lawsuits. With expert medical and legal testimony, carefully assembled evidence, and experience working with government an healthcare agencies, a qualified attorney can protect your rights and help you receive the compensation you deserve.

To find a personal injury law firm in your community who specializes in pharmaceutical litigation, please enter your city name in the grey search box at the top of this page.

THIS IS NOT LEGAL ADVICE - PLEASE CONSULT WITH AN ATTORNEY REGARDING YOUR SPECIFIC CASE