Medications are supposed to relieve symptoms and cure disease, but sometimes, they cause severe health problems. When someone sustains an injury from a prescription or over-the-counter medication, they could get compensation from the manufacturer.
Battling the big pharmaceutical firms can be challenging, but a Tolleson dangerous drugs lawyer knows how to win these cases. Contact the Phillips Law Group as soon as you learn that a medication you took caused a serious side effect or health condition.
Many drugs receive government approval but over time, consumers start developing health problems. Sometimes, the manufacturer recalls the drug, or the government bans it from sale. More often, the government will require a change to the warning label or limit a drug’s use to specific situations where effective alternatives are not available.
A manufacturer is strictly liable if it sells a defective medication. A Tolleson attorney could prove a medication is defective by showing that:
Holding a manufacturer strictly liable typically requires significant input from experts and can be a time-consuming and expensive process.
Manufacturers are also liable if they are negligent, meaning they did not use reasonable care to ensure the product was safe for use as directed. Examples of a manufacturer’s negligence could include using outdated equipment on the production line, inadequate quality control measures, delayed response to reports of severe side effects, and using false, misleading, or incomplete data to get the drug approved for sale.
Drug companies spend millions developing and marketing their products. When someone alleges the product caused them harm, they often respond aggressively. A consumer might be reluctant to seek compensation after a drug causes an injury, believing they do not have a fair chance against a powerful corporation. In fact, there are several litigation options available that make it easier for consumers to get justice from the big pharmaceutical companies.
When many people experience similar effects from a particular drug, they could band together to file a class action lawsuit. Several affected people are named plaintiffs who bring the lawsuit on behalf of the group, or class. If they win, everyone who opted into the class shares equally in the settlement or verdict. Class action lawsuits can take several years, and payouts do not reflect the individual consumer’s losses.
People often react differently to the same drug and might suffer health impacts of varying severity. Class actions are not appropriate vehicles in these cases. However, when many people allege harm from the same drug, a judge might consolidate the different cases into a mass torts case, sometimes called multi-district litigation or MDL. The courts hold several trials where a plaintiff attempts to prove the manufacturer is liable. If they win, everyone whose case was consolidated into the MDL has the chance to prove their individual harm and claims for damages.
When only a small quantity of a drug was defective or the individual had a unique reaction, an individual lawsuit might be the best option. Although compiling the required evidence can be challenging, a skilled attorney can often negotiate a reasonable settlement that compensates the injured person for their losses.
Arizona Revised Statutes § 12-542 requires people seeking compensation for personal injuries to file a lawsuit within two years. The clock begins ticking on the day the injury occurred if the medication’s negative impact was immediate. If the side effect or health impact appeared later, the clock starts on the last day a person took the medication or the first day they discovered, or should have discovered, that it caused harm.
Sometimes the negative health consequences of a medication do not manifest for years. In these cases, manufacturers often assert that the consumer did not file their lawsuit within the time limit and should have identified the cause of their symptoms sooner.
If the consumer ignored their symptoms for a significant period, a judge might find that they should have connected their symptoms to the drug more quickly and throw out the case. However, if the consumer sought medical advice regarding the symptoms and made reasonable efforts to determine the cause, a Tolleson attorney could persuade a judge that the lawsuit is timely.
Pharmaceutical companies take in millions of dollars in profits every year. If one of their products harmed you, they owe you fair compensation.
Fighting a drug company might seem like an uphill battle, but a Tolleson dangerous drugs lawyer could select the most effective strategy for your specific circumstances. Speak to a knowledgeable attorney from the Phillips Law Group about your situation today.
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