What is a dangerous drugs or defective devices lawsuit?
A dangerous drugs or defective devices lawsuit is a claim for financial compensation when a person is hurt by their medical care. If a drug is unreasonably dangerous or a medical product has unintended effects, the manufacturer or the prescribing doctor may have legal liability for the harm that the victim endures from taking it. The victim may receive compensation for their financial losses as well as payment for suffering and anguish.
What are some examples of dangerous drugs?
Some examples of drugs that may qualify for dangerous drugs claims include:
- Belviq
- Zostavax
- Elmiron
- Zantac
- Invokana
- Truvada
- Limbrel
- Testosterone Therapy
- Onglyza
- Singulair
- Opioid Injuries and Withdrawal
- Reglan
- Risperdal
- Paraquat
This is not an exhaustive list. For any drug that causes harm, the victim may deserve financial compensation.
Get Your FREE Case Evaluation
No upfront costs to you or your family. We recover maximum compensation for our clients.
What is the legal basis for a dangerous drugs or defective devices lawsuit?
There are two legal bases that could be used for a dangerous drugs or defective devices lawsuit.
Product Liability – A pharmaceutical company may make a product that has so many unintended side effects that the benefits outweigh the risks. They are legally obligated to test their products sufficiently and warn patients of side effects. Patients should have the information that they need to make the choice whether to use the drug or the product. The company may have legal liability on the grounds that the medicine or device is defective.
Medical Malpractice – Healthcare professionals have an obligation to practice with skill and care. They need to understand the products and drugs that are available. They must have the medical knowledge to know when it’s appropriate to prescribe a drug product. If a physician acts without properly weighing the pros and cons and using inadequate medical knowledge, medical malpractice may be grounds for a legal claim.
What can I receive for a dangerous drugs and defective devices lawsuit?
You may receive compensation for a variety of losses in a dangerous drugs and defective devices lawsuit including:
- Emergency medical care
- Additional doctor visits to determine what is wrong and the harm caused from the product or drug
- Correctional surgeries, or other prescriptions needed
- Physical therapy
- Lost income
- Nursing care, home assistance, and household care
- Mental health care for anxiety or depression
- Compensation for changes in lifestyle and new physical limitations
- Pain and suffering
Compensation is wide-reaching. It’s not limited to the expenses for the drugs or the product itself. In fact, you can include extra medical expenses that you have because of the harm that has occurred as well as pain and suffering for the losses you have endured.
Dangerous Drug and Defective Devices Lawsuit FAQs
Are legal drugs dangerous?
Yes, legal drugs can be dangerous. Even if a drug is approved or prescribed to patients, the pharmaceutical companies still have legal standards to carefully test their products and be aware of what they are offering in the market for consumers. A drug may be legal, but that doesn’t necessarily mean that it’s safe for a particular person to take.
Can you sue for drug side effects?
It may be possible to sue for drug side effects if the problems with the drug outweigh the benefits of taking the drug. In addition, a failure to warn patients of possible side effects can be grounds to sue. A drug may be dangerous because the ingredients make it unsafe with unintended consequences and inadequate warnings.
How do I start a lawsuit against a pharmaceutical company?
To start a lawsuit against a pharmaceutical company, you must file a summons and complaint in court. The complaint states that you are injured by a drug or medical device. It also states the legal grounds for liability and the compensation that you are seeking. Jurisdiction is an important question for any pharmaceutical lawsuit. The victim may have representation from a lawyer.
How do defective device cases work?
Defective device cases work through the legal system from the initial case filing through trial or settlement. The victim initiates the case by filing documents. They state what happened and why they deserve compensation. The documents must follow standards set by the court, and they must be filed by the expiration of the time deadline.
The other side can respond. The parties investigate, exchange information, and narrow the issues in the case by presenting information. While the trial date approaches, either party may motion the court in order to question the presentation of evidence and resolve pre-trial issues.
Usually, the parties settle for an amount that they agree on. However, the case may be heard at trial. To win the case, the victim must prove that the drug or product was defective and that they were injured by taking it.
Dangerous Drug and Defective Devices Lawyers Near Wauwatosa
Groth Law Firm handles complex personal injury claims including cases involving dangerous drugs and defective devices. Attorney Jon P. Groth represents clients in Wauwatosa, in state and federal courts, and has even appeared before the Wisconsin Supreme Court. The entire team at the Groth Law Firm works your case tirelessly from start to finish.
When you work with our team, you’re working with attorneys, paralegals, and other legal professionals who understand the harm that can occur from a dangerous drug or defective medical device. Let our lawyers show you how we are strong legal advocates for individuals who need help pursuing financial compensation and justice.
Get Your FREE Case Evaluation
No upfront costs to you or your family. We recover maximum compensation for our clients.
Free Consultation for a Dangerous Drug and Defective Device Lawsuit
Start your case with a free consultation with our legal team. There’s no commitment or obligation. Bring your questions and learn about your case. Contact us today.