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The pharmaceutical industry is critical in improving lives, but not all drugs are as safe as they seem.
From hidden dangers in dietary supplements to prescription medications linked to severe health complications, many consumers are unknowingly exposed to life-threatening risks.
Recent lawsuits have revealed shocking negligence cases by manufacturers, resulting in multimillion-dollar settlements.
If a dangerous drug has harmed you or a loved one, now is the time to understand your legal options and fight for the compensation you deserve.
Can I Sue After Experiencing Drug Side Effects?
Some side effects may be mild and short-lived, but others can be severe and lead to lasting health issues.
In more serious cases, individuals may take legal action to obtain compensation for the damage caused by the drug, addressing both common and serious injuries.
At Schmidt & Clark, LLP, we are dedicated to helping victims of unsafe drugs pursue justice. Contact us today for a free consultation.
Defective Drug Claims
There are 3 main types of defective medicine lawsuits you can file after suffering adverse side effects, depending on the reason for the defect that caused side effects:
- Defective manufacturing lawsuits – Allege side effects were caused by defects in the manufacturing process or contamination due to manufacturing conditions.
- Defective design lawsuits – If the drug’s formula was defective, causing the medication to be dangerous or inappropriate for your treatment, you may be able to file a defective design claim.
- Failure to warn lawsuits – A drug manufacturer is required to note potential side effects on the medicine's packaging, including pill boxes, bottles, and prescribing information. Physicians also have a duty to warn patients of potential side effects or interactions of many drugs before prescribing them.
It may be in your best interest to meet with an experienced dangerous drug lawyer to discuss the specifics of federal law pertaining to your case. An attorney can help determine what type of lawsuit to file against a company for medical bills.
The lawyers at our firm have helped many victims of defective drugs recover compensation for how these medications have affected their health.
Types of Dangerous Drug Lawsuits
While both prescription and over-the-counter medications have the potential to cause harm and serious side effects, some have become the subject of high-profile lawsuits.
Our lawyers are currently accepting new claims against insurance companies and the manufacturers of unsafe drugs, over-the-counter medications, and dietary supplement products included in the list below:
Heart/Blood Pressure
- Xeljanz: Rheumatoid arthritis medication linked to blood clots in the lungs (pulmonary embolism), cancer, infections, liver damage, and death
Diabetes/Weight Loss
- Victoza: Diabetes drug linked to potential risk of pancreatic cancer
- Saxenda: Weight-loss drug linked to increased risk of pancreatitis, pancreatic cancer, and thyroid cancer
- Belviq: Weight-loss medication linked to increased risk of cancer and birth defects
Digestive System
- Nexium: Heartburn medication linked to kidney failure, nephritis, bone fractures, and stomach cancer
- Prilosec: Proton pump inhibitor (PPI) linked to chronic kidney disease, renal failure, bone fractures, and heart attack
- Zantac: Heartburn drug found to contain NDMA, a known carcinogen
- Prevacid: GERD and ulcer treatment linked to chronic kidney disease, acute kidney injury, heart attacks, and vision loss
Urinary System
- Elmiron: Interstitial cystitis treatment linked to pigmentary maculopathy, potentially leading to blindness
Supplements
- Injectafer: Iron deficiency anemia treatment linked to severe hypophosphatemia (HPP)
- Dietary Supplements: Not FDA-approved, accounted for over 50% of FDA's Class I drug recalls from 2004 to 2012
Note: This is not a comprehensive list of pharmaceutical drugs our law firm is accepting potential lawsuits over.
Drug Manufacturers That Made and Sold These Products May:
- Have hidden the dangerous side effects from the public
- Have performed inadequate safety testing
- Be to blame for your injury
How Do I Join a Class Action Lawsuit?
A class action lawsuit against a pharmaceutical company can result in a significant financial return for your injury or loss. If you’ve been harmed by a prescription or over-the-counter medication, you may be able to file a lawsuit seeking damages.
The Food and Drug Administration, clinical trials, and testing should ensure consumers receive medications that are safe and effective. While the vast majority of prescription drugs and over-the-counter medications are safe, some have led to serious side effects and permanent health issues.
As a result, some victims have joined class actions against drug manufacturers that failed to warn about certain risks or dangerous side effects. If you or someone you love suffered from a serious health issue linked to an unsafe drug, you should consider taking legal action.
It can be hard to know if joining a pharmaceutical lawsuit is in your best interest, especially if you’ve suffered through pain or loss. A qualified attorney can offer insight and guidance for whether you should join a class action suit.
How Class Actions Work
- A class action is typically started by a single person (representative plaintiff) who files a lawsuit with the help of an attorney.
- The court must certify the case as a class action, allowing it to represent a large group of similarly affected individuals.
- Once certified, other affected individuals may be automatically included or required to opt-in.
Benefits vs. Individual Suits
- Class actions allow a large group to collectively seek justice, potentially increasing bargaining power.
- They can be more cost-effective for plaintiffs, as legal costs are shared among the class.
- However, individual plaintiffs have less control over the case and may receive smaller settlements compared to individual lawsuits.
Timeline Expectations
- Class action lawsuits typically take about two to three years to reach a settlement.
- Some cases may conclude within months, while others can stretch over several years, especially if appealed.
- The process involves initial investigation, filing, class certification, discovery, negotiations, and potentially a trial.
Settlement Ranges
- Settlement amounts vary widely depending on the case and injuries involved
- For severe injuries in pharmaceutical cases, settlements may range from $350,000 to over $1 million.
- In some cases, settlement funds can be substantial. For example, a recent generic drug price-fixing settlement reached $85 million.
Opt-out Rights
- In many class actions, affected individuals are automatically included but have the right to opt-out.
- Opting out allows you to pursue an individual lawsuit if you believe your case is stronger or warrants higher compensation.
- The court provides written notice of settlements, and you can object to the terms if desired.
Before deciding to join a class action lawsuit, it's crucial to consult with a qualified attorney who can offer insight into whether this approach is in your best interest, especially if you've suffered significant pain or loss due to an unsafe drug.
How Our Dangerous Drug Lawyers Can Help
Filing a lawsuit may seem like a stressful undertaking, but with the right lawyer, the process is much easier. The law offices of Schmidt & Clark, LLP, can address your concerns and answer your questions every step of the way.
If you are considering filing a lawsuit, it is important to contact a lawyer with experience handling these specific types of personal injury cases.
In addition to experience, you should work with a lawyer who has a national reach and can travel to you, taking this time-consuming burden out of your hands.
FAQs
Are There Any Specific Examples of Dangerous Drugs That Have Led to Lawsuits?
Yes, drugs like Vioxx, Xarelto, and Opioids have led to lawsuits due to severe side effects or health risks, resulting in legal actions and settlements.
What Evidence Is Needed to Support a Claim in a Dangerous Drugs Lawsuit?
Evidence typically includes medical records showing harm, proof of drug use, expert testimony linking the drug to health issues, and documentation of damages or side effects experienced.
How Can Individuals Stay Informed About Ongoing Lawsuits and Developments Related to Dangerous Drugs?
Individuals can stay informed by following news updates, checking legal websites, subscribing to newsletters from law firms, and monitoring official drug safety alerts and recall notices.
Get a Free Dangerous Drugs Lawsuit Evaluation With Our Lawyers
The Pharmaceutical Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in defective drug cases. We are handling individual litigation nationwide and currently accepting new injury and wrongful death claims in all 50 states.
If you or a loved one was injured, you should contact our law firm immediately to explore your legal options. You may be entitled to receive financial compensation by filing a drug injury claim and we can help.