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If you or a loved one experienced kidney failure, heart problems, depression, addiction, or other serious side effects after taking prescription medications or "herbal supplements," you may be entitled to pursue compensation.
At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to dangerous and defective drugs. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.
Contact Schmidt & Clark today for a free, no-obligation consultation.
Dangerous Drugs Lawsuits Overview
Dangerous drug lawsuits arise when pharmaceutical products cause serious or life-threatening side effects that weren't properly disclosed to consumers.
Recent lawsuits have revealed shocking negligence by manufacturers, resulting in multimillion-dollar settlements for affected individuals.
From hidden dangers in dietary supplements to prescription medications linked to severe health complications, many consumers are unknowingly exposed to life-threatening risks.
Dietary supplements account for 50% of FDA Class I recalls, highlighting significant safety concerns.
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.
FDA Reports and Statistics
Key FDA Statistics on Dangerous Drugs:
- Dietary supplements account for 50% of FDA Class I recalls (most serious recall class) [1]
- Numerous drugs have been linked to life-threatening conditions
- FDA has issued multiple warnings about dietary supplements sold as "herbal supplements"
- From 2004 to 2012, over 50% of FDA's Class I drug recalls were related to non-FDA-approved dietary supplements [2]
Dangerous Drugs Injuries & Side Effects
Dangerous drugs and supplements can cause a wide range of serious injuries and side effects that may require medical intervention or even be life-threatening.
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.
Do You Qualify for a Dangerous Drugs Lawsuit?
You may qualify for a dangerous drugs lawsuit if:
- You took a prescription drug, over-the-counter medication, or dietary supplement
- You experienced serious side effects requiring medical treatment
- Your injuries are linked to the medication you took
- You can provide medical documentation of your diagnosis and treatment
- You're within the statute of limitations for filing a claim in your state
Evidence Required for a Dangerous Drugs Lawsuit
To build a strong case, you'll need to provide:
- Medical records showing your diagnosis and treatment
- Proof of drug usage (receipts, prescriptions, or pill bottles)
- Documentation linking the drug to your health issues
- Photos of physical injuries or symptoms (if applicable)
- Expert medical opinions supporting your case
Damages You Can Recover
A successful dangerous drugs lawsuit may provide compensation for:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Punitive damages (in cases of extreme negligence)
Dangerous Drugs Recall Information
Multiple drugs and supplements have faced recalls due to safety concerns. If your drug is recalled:
- Stop using it immediately
- Consult your doctor for alternative treatments
- Retain the drug's packaging, receipt, and any unused portions as potential evidence
- Document any adverse effects you've experienced
Statute of Limitations for Dangerous Drugs Lawsuits
The timeline for dangerous drug lawsuits varies, but most cases take 1-3 years to resolve.
Factors influencing the duration include the case's complexity, the extent of injuries, and whether the case is resolved through settlement or goes to trial.
Every jurisdiction has strict time limits for filing inverse condemnation claims. Failing to file within the statute of limitations could mean forfeiting your right to compensation. Always confirm and track your deadline to avoid costly delays.
FAQs
1. Are there 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.
2. 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.
3. How do I know if my drug is dangerous?
Check for FDA recalls, safety alerts, or warnings related to your medication. Review the drug's side effects on its label or packaging, and consult a healthcare provider if you experience unexpected symptoms.
4. What if my drug is recalled?
Stop using it immediately and consult your doctor for alternative treatments. Retain the drug’s packaging, receipt, and any unused portions as potential evidence. If you’ve experienced adverse effects, you may qualify to join a lawsuit for damages.
5. Can I still file if I stopped taking the drug?
Yes, you can still file a claim if you’ve experienced related health issues and the statute of limitations hasn’t expired. Provide evidence of your usage, such as medical records, prescriptions, or receipts.
6. How long do these cases take?
Most dangerous drug lawsuits take 1-3 years to resolve, depending on case complexity, the extent of injuries, and whether the case settles or goes to trial.
7. How can individuals stay informed about ongoing lawsuits and developments related to dangerous drugs?
Follow news updates, check legal websites, subscribe to law firm newsletters, and monitor official drug safety alerts and recall notices.
8. How do class actions work for dangerous drug cases?
A class action starts when a representative plaintiff files a lawsuit. The court must certify the case as a class action, allowing it to represent a large group of affected individuals. Some may be automatically included, while others may need to opt-in.
9. What are typical settlement ranges for dangerous drug lawsuits?
Settlement amounts vary widely, but severe injuries in pharmaceutical cases can result in payouts ranging from $350,000 to over $1 million. Some cases have reached substantial settlements, such as an $85 million generic drug price-fixing settlement.
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action in dangerous drug cases. Every jurisdiction has strict filing deadlines, and missing these deadlines could forfeit your right to compensation.
Our experienced pharmaceutical litigation attorneys at Schmidt and Clark can help you:
- File your claim properly and on time
- Represent you in court
- Secure fair compensation for your injuries
- Assess and quantify complex medical damages
We offer:
- Free, confidential consultations
- No upfront costs or fees
- Payment only if we win your case
Contact Schmidt and Clark, LLP today for your free consultation.
Reference:
- https://jamanetwork.com/journals/jamainternalmedicine/fullarticle/1678813#:~:text=Dietary%20supplements%20account%20for%20just,outside%20of%20the%20United%20States.
- https://pmc.ncbi.nlm.nih.gov/articles/PMC6324457/