As a New Jersey defective drug lawyer, I understand that when you take a medication, you do so under the assumption that the product will help you with your medical condition. That is only logical. You do not, however, anticipate that the medication can harm you. Sadly, many new medicines that enter the market have unacceptably high risks associated with their use that are both known and unknown.
Some of these side effects are life-changing, or worse yet, life ending. Innocent people are having their lives hanged because pharmaceutical companies think their dangerous drugs are worth the risk. After all, they have shareholders to worry about, so they must push products to the market.
If you have been injured by a dangerous medication or medical device, you are encouraged to schedule a FREE CONSULTATION with one of our knowledgeable attorneys. We will review your case and provide you with the information you need to take action against a dangerous drug company or join a current class action suit.
Drug Regulations and The Food and Drug Administration
The U.S. government has established an agency that monitors drugs that become available on the market. The Food and Drug Administration (FDA) is responsible for over the counter drug safety, prescription drug safety, and medical device safety. So how do so many dangerous drugs and defective medical devices enter the market?
The FDA relies on the information provided by the manufacturers to determine the safety of the products. In some cases, the FDA will conduct its studies before a drug release, but most drugs are authenticated from the studies presented to them by the manufacturers. Sadly, many of these manufacturers skew the information to their favor to gain approval.
Once the FDA approves the release, they will track any adverse side effects from the drug that are reported from the medical community. The agency uses this information to either place stronger warnings on the medications, change what the medication can be prescribed for, or remove the medication from the market if deemed too dangerous.
Meanwhile, innocent people that were prescribed these drugs suffered serious side effects that have changed their lives. These pharmaceutical companies must pay compensation to the people they injured from their dangerous medications.
If you have been hurt in any way from a dangerous drug or device, or your loved one has suffered from the effects of a defective drug, you have very specific rights. Contact a New Jersey defective drug lawyer for a FREE CASE EVALUATION to see if you are entitled to compensation for your losses.
Dangerous Medications Are Product Liability Cases
When it comes to legal terminology and classifications, a defective drug or medical device that causes harm to a patient falls under a product liability claim. To qualify as a product liability case, the product in question must fall under one of the following categories: Design Defect, Manufacturing Defect of Marketing Defect.
When applied to a pharmaceutical product, a design defect applies to the company that developed the medication or device. If, for instance, the pharmaceutical company did not acknowledge the fact that test subjects were suffering from heart attacks when using the medication and failed to document this information, this would be a design defect. If the pharmaceutical company does acknowledge this dangerous information but fails to reveal it in their documentation or conceals it from the consumer, they may also be held responsible for punitive damages.
If the medications were damaged, made incorrectly or tainted in any way during the manufacturing process, the manufacturer would be held responsible for the dangerous drug.
The marketing of the medications most often refers to the labeling and the instructions. Pharmaceutical companies must place sufficient warnings on their medications for any potential side effect. They must also market the medication for its intended use. Any off-label marketing must be approved by the FDA. If the pharmaceutical company misrepresents the medication in any way, they are held liable for their marketing.
When you speak to your attorney about the injuries you received from your dangerous medication, they will determine who is liable for your losses.
Class Action Lawsuits and Multi District Litigation (MDL)
When a drug enters the market, it is distributed around the country so that all consumers have access to its benefits. When that drug starts harming people, the victims are also located throughout the country.
Cases against pharmaceutical companies nearly always are filed in Federal Court because of interstate commerce laws. When the court system sees an influx of cases against a pharmaceutical company about the same drug, they often move to combine the cases into one large case.
This is a two-step process that requires the court to review all of the information from similar cases to see how closely related they are and if they should be combined into one large case. The court believes that by combining these cases into one large case the Plaintiffs, or the injured parties, have a better chance of success against the liable party.
The outcome is usually the cases being combined into an MDL or the court requesting that the cases are changed into a class action suit.
If the medication that has harmed you is part of a class action lawsuit, your New Jersey defective drug lawyer will recommend either joining the class action or seeking compensation on your own based on the facts of your case.
Victims Can Turn to a New Jersey Defective Drug Lawyer
Medical professionals and patients place their faith in the safety of the drugs that they administer. Pharmaceutical products that sicken or injure people potentially expose their makers to financial liability for the damages of victims.
Litigation against drug companies is largely similar to cases involving defective medical devices. We’re prepared to investigate the drugs that appear to have harmed you and take strong actions to protect your rights. Some examples of drugs and personal care products currently suspected of causing harm are:
This is only a short list of drugs that have prompted legal claims against drug makers. With the representation of a New Jersey medical device lawyer, you could improve your chances of collecting compensation for your serious injuries.
Other Sources of Defective Product Lawsuits
Litigation against manufacturers whose products contain toxic substances follows a path similar to defective medical device and drug claims. Pesticides, asbestos, mold, heavy metals, and a variety of volatile organic compounds represent some of the substances that have caused substantial harm to consumers.
Catastrophes might also motivate victims to look for entities that might bear liability for injuries. If you’ve been hurt in a tanker, pipeline, or well explosion or other industrial accident, we’re capable of investigating the possibility of suing for damages.
Life Changing Side Effects of Dangerous Medications
While all medications have risks, some medications have serious side effects that can change your life. Some of these medications can even cause secondary diseases, cancers, and serious infections. Some of these dangerous medications have been shown to cause:
• Heart attack or stroke
• Damage to the heart including valve damage and holes
• Lung, liver or kidney damage
• Serious damage to your intestinal tract, internal bleeding, and ulcers
• Depression and suicidal behaviors
• Different forms of cancer
• Type 2 Diabetes
• Different serious infections
• Congenital disabilities
• Male breast growth
• Extreme withdrawal symptoms
• Brain bleeding
Sadly, there are several other serious side effects that can occur from using a dangerous medication.
What To Do If You Are Taking A Dangerous Medication
It is very important that you do not abruptly stop any medication. Even if you think that the medication is causing harm, speak to your doctor first before stopping. Many medications that have been released in the last decade have even worse side effects if you abruptly stop. Your medical care provider will switch your medications to protect your health and then evaluate the side effects you have experienced. If the side effects feel life threatening, do not hesitate or wait for your doctor, go directly to an emergency room for help.
One your doctor has established that you have been harmed in any way from this dangerous medication, you should use the following guideline to protect your rights as an injury victim:
- Stabilize Your Health. You want to begin any medical treatment possible to correct the condition. Your health is the most important factor. Once you have begun treatment, you can move to the next steps.
- Contact A New Jersey Personal Injury Lawyer. You will want to protect your rights immediately by seeking legal representation. Your attorney will work closely with you to establish who is at fault for your injuries and what type of compensation case you should file.
- Document Your Injury. You will want to keep a journal of how this injury has changed your life. Be honest and talk about how things are now that you have been diagnosed with this new condition. Talk about changes you have had to make as a result of this new condition. If you have a good day, log that as well. This journal helps establish just how much this injury has changed and impacted your life. Too many times insurance companies want to make a very light issue out of an injury. By showing how it affects you, your attorney can build a stronger case.
- Avoid Disclosing Information About Your Injury or Case. Even though social media is a very large part of our society, it is always in your best interest to refrain from posting too much information, if any, about your injury or case online The insurer that is responsible for the case will be monitoring all of your social media for information that would be beneficial to their side of the case. It is also recommended that during this time when you have an active case you refrain from accepting any friend requests from people you do not physically know. Many insurance companies are now trying to gain information by becoming a “friend” on social media and then trolling your other friends for information.
What Types of Compensation Can I Get For My Injury?
Injuries from dangerous or defective medications or devices follow the same guidelines as other personal injury cases. Your NJ attorney will explain to you what types of compensation you can ask for based on the facts of your case. Some of the types of compensation your attorney may request include:
- Cost of Medical Care. This will include all the current costs of your medical care and any future care you may need because of the injury. Some of these injuries may require lifetime medical care and therapies; it is the duty of the responsible party to cover these costs.
- Lost Wages. Any lost wages you have currently experienced will be covered in your compensation. If you cannot return to work, your attorney will seek future lost wages as well. If you received special benefits as part of your wages such as employer payments to retirement accounts, profit sharing or health insurance costs, your attorney would include these as financial losses.
- Cost of Services. If your injury prevents you from taking care of your responsibilities around your home and service had to be hired, this is part of your financial losses.
- Pain and Suffering. This type of award is given on a case by case basis. The attorney will negotiate on your behalf to seek non-financial damages against the other party because of the physical, emotional, and mental pain you have had to suffer with because of this injury.
- Punitive Damages. In some cases, the court will award you punitive damages if they feel that your injuries were a direct cause of an intentional or heinous act by the responsible party.
Other types of damages may be available to you based on your case. If this is a wrongful death case, your loved ones may be able to seek additional compensation because of their losses.
The Clock Is Ticking – Speak With A New Jersey Defective Drug Lawyer Today
As with all personal injuries, the Statute of Limitations does apply to this type of case. If you have been injured by a defective drug or medical device, you must act quickly to protect your rights. Seeking legal representation at the earliest time possible also allows you to protect the evidence more effectively for your case.
WE GET RESULTS! We know that this is a very difficult time in your life and that claiming compensation can be stressful. We take all the worry and stress out of this process. We know how to manage your case with expertise so you can focus on managing your health.
NEVER A FEE UNTIL WE WIN. Our law firm works on a contingency basis. We will never ask for our legal fees until we have won your case and secured your settlement. This payment method ensures that everyone has access to quality legal representation.
SCHEDULE A FREE CONSULTATION about your case today. Call our office or fill out the request form online. We can even schedule a meeting at your home. You do not have to face this difficult time in your life alone. Speak to a New Jersey defective drug lawyer today.