Just recently, the biggest pharmaceutical company, Johnson & Johnson, among other three giant drug distributors, agreed to pay a settlement of $26 billion to more than 41 states.
These states came together to file a bad drugs lawsuit against the companies over the opioid epidemic.
Opioids aren’t the only drugs that cause injuries in the US. Hundreds of defective drugs and medical supplies still make their way to the market. Besides injuries, these drugs can cause disability, long-term hospitalization, and in worst cases, fatalities.
Fortunately, drugs are like any other consumer product. Pharmaceuticals have an obligation to ensure their products are safe for use and come with accurate user instructions. If this doesn’t happen, you have the right to retain bad drug lawyers and file a medication lawsuit.
Here are the three important things you need to know about filing a pharmaceutical lawsuit.
1. Bad Drugs List
Before looking into the bad drug list, it’s imperative to note that defendants often file cases in class action lawsuits. This is because many people take these drugs at once. Moreover, the cases are complex and take a long time before settlement.
If you are part of a lawsuit that involves a plaintiff, you will need a class action lawyer so that they can handle all the complicated details of the case.
The current bad drugs list is long. There are high chances that you can be a victim without even knowing. However, the most prevalent ones to watch out for include testosterone, Ivokana lawsuit, Fosamax, Bravelle, Accutane, Abilify, and Actos.
Also, do thorough research and read more about the Taxotere bad drugs lawsuit.
2. Proving Negligence in a Bad Drugs Lawsuit
Drugs and medical supplies can be defective in three main ways. Your bad drug lawyers will use these three scenarios to prove negligence and substantiate strict liability claims. They include manufacturing, design, and marketing defects.
Design defects occur when the product’s creation poses safety hazards to the user. In that case, the manufacturer could create the design using a safer approach but chose the dangerous one anyway.
In manufacturing defects, the drug becomes dangerous in the manufacturing line. The manufacturer uses low-quality ingredients or fails to adhere to quality control practices of the manufacturing process.
The pharmaceutical company may also fail to warn users against the possible dangers of using the drugs. This may also include inadequate instructions regarding the usage and storage of the said drug. In that case, the court may order a drug recall.
A pharmaceutical lawsuit involving marketing defects may take action against other players involved in the distribution network. They include retailers, wholesalers, hospitals, and laboratories.
Although some drug injuries can be permanent, victims can take advantage of the expertise of lawyers to win drug lawsuit settlements. Attorneys know the right state and federal laws to look into when arguing your case against insurers or a court.
Drug lawsuit compensations vary because each lawsuit is unique. Moreover, the factors for calculating accurate compensation are dynamic. You can get compensation for lost wages, medical bills, pain and suffering, and wrongful death in most cases.
In the case of incapacitation, you can get compensation for diminished earning capacity.
Top 6 Most-Asked Questions Answered
1. What is the drug lawsuit settlement process like & what are the different kinds of settlement options?
Every case is different, which means that there is no one universal or solid solution for every individual. No future cases will be approached like the previous ones, and vice versa, especially as everything changes and develops in the future. More often than not, your options are either the global or an inventory settlement.
In a global settlement, all of the lawsuits are settled at once with help of pre-defined criteria. In an inventory settlement, law firms settle all of the cases with the criteria used by a specific law firm company.
2. What factors can make an impact on the settlement?
The settlement amounts involve a variety of factors that can vary and which can’t be predicted. High amounts of money are always talked about & thrown out on the table since every client will want to gain as much as possible from the given situation. Some key factors in this case are:
- What is the evidence in this case/how strong is it
- How severe was the injury (physical or emotional)
- What is the age of the plaintiff.
3. Is it possible to sue a testing laboratory?
In some places & in some cases – this is possible. However, it can be tricky or time-consuming. Testing laboratories need to have all of their rules, guidelines & manufacturing processes written out and explained in depth. Under a strict liability products claim, the lab is responsible for their product at any point in the chain. This also includes its delivery to the final destination (user or users themselves).
4. Can you sue the pharmacy?
Your pharmacy is often the final line of defense and is the last step that people tend to do and go for. This is where you can sue the pharmacist who has sold you a drug under irregular circumstances, without a prescription, or with a faulty one. It is a possible scenario that will take some time for your lawyer to work around.
5. Can you sue the doctor who has prescribed this medication?
Anyone in the chain of distribution can be blamed & sued for your physical and emotional pain, as well as damage. The doctor who prescribed your medication is most likely liable for the harm since this chain does begin with them. If you weren’t warned about all the possible consequences beforehand and you were misinformed, you get the potential to build a strong case.
6. Can you sue pharmaceutical sales representatives?
Pharmaceutical sales representatives have a reputation & they are a powerful chain that delivers a good word about their products. With them, you can get a free test sample & the needed info on how to use the product/the drug. These reps sometimes don’t even have a pharmaceutical background and can be sued if proven so.
Recovering from Defective Drugs
Drug injuries can happen to anyone. By coming out to tell your story and expose the defects, you’ll also save millions of other consumers from these drugs. A resolved bad drugs lawsuit will remove the product from shelves until manufacturers can ascertain their safety.
Check more resources about filing a medication lawsuit from other articles on this site.