Pharmaceutical Litigation Attorneys
Drug manufacturers have a duty to make sure that medications they sell are not unreasonably dangerous, and contain sufficient warnings about potential drug injuries and side effects. With the help of physicians, patients can evaluate the risks and benefits before taking a medication. However, some pharmaceutical companies fail to take simple steps to protect consumers and place profits before the public’s well-being.
Severe drug injuries and side effects can be life-changing, and even life-threatening. It’s hard to believe that some manufacturers know the risks involved with taking a drug but purposely cover up a drug’s dangerous side effects to gain government approval.
The pharmaceutical attorneys at Padberg Appelbaum Knepper have experience handling mass torts and have successfully resolved thousands of such cases. Some commonly known drugs with adverse side effects that we are currently working on include:
- PPI (Nexium, Prilosec, and Prevacid)
- Hernia Mesh
- Gadolinium Toxicity
- Attune Knee Implant
- LFit v40 Metal Hips
- Smith & Nephew Birmingham Hip
Who can file a claim for drug injuries?
Any person who was harmed by a drug can file a claim against the drug manufacturer. The main factor in these cases is being able to establish that a client was on the drug in question and that the client suffered a side effect(s) that the drug manufacturer knew about and covered up or failed to warn about.
The spouse of the affected user can file a loss of consortium claim if injuries suffered by the user have deteriorated the quality of the spousal relationship. If the injured party has passed away due to their drug-related injuries, they can be represented by their successor in interest. The successor in interest can be a spouse, family member or representative of the deceased person’s legal estate.
Should anyone who has taken these medications seek the advice of a pharmaceutical lawyer, or only people who have experienced side effects?
Anyone who has taken a potentially harmful drug should consult their physician and an experienced drug attorney. Many of the side effects caused by these drugs can go undetected for a period of time up to several years.
Are drug lawsuits handled on an individual basis, or as a class action lawsuit?
Pharmaceutical cases are treated as individual cases. This means your lawsuit will be evaluated, litigated and resolved based on the circumstances of your case.
What parties can be held liable in a drug lawsuit, and will my prescribing physician be sued?
Typically it is the drug manufacturer and its affiliated companies that are held liable for the injuries their pharmaceutical product causes. We do not typically sue the prescribing physician, as the crux of these lawsuits is that the manufacturer had knowledge of the dangers of their drug and did not warn anybody – including the prescribing physician. On occasion, there is a basis to sue the prescribing physician. This decision is made on a case-by-case basis and is never done without consulting the client first.
What are the typical stages in this type of case, from filing to settlement or verdict, and how long does it take?
The stages of a drug lawsuit include an initial evaluation, collection of medical records, an in-depth review of the case based on records, filing the lawsuit, and preparing information for the defendant. It is rare for one of these cases to actually go to trial.
Unfortunately, when the drug companies put out a bad drug it affects thousands to hundreds of thousands of people – so it is a major undertaking by both the law firms and the court system to prosecute these cases. As a result, these cases typically take five to seven years to resolve.
Are there any related statutes of limitations?
There is a statute of limitations in drug lawsuits. These vary by state and can be as short as one year. These time limits typically begin with the date an injury occurs. There are some exceptions to these rules, so you should contact an experienced drug attorney even if you think your case is past the statute of limitations.
What events would I be required to attend as the client in a drug lawsuit?
The client only needs to contact our firm to assist in collecting the necessary evidence to prosecute their case. It is conceivable that a client would need to sit for a deposition or go to trial, but this is extremely rare.
What type of damages can be recovered for a drug injury?
The injured party can recover compensatory damages and punitive damages. Compensatory damages cover categories such as medical bills, lost wages and pain and suffering. Punitive damages are designed to punish the conduct of the company. Often the drug companies hid information about the dangerous side effects of their drug, which leaves them open to a punitive damages claim.
Are there specific documents, photos or pieces of information that a client should collect or keep track of?
Any information related to your use of the drug and the injuries you suffered is helpful. Old pill bottles and drug labels are very valuable. If you believe you have something helpful to the lawsuit, please keep originals and make copies of the information for your drug attorney.
How much it cost to pursue a pharmaceutical lawsuit?
Padberg Appelbaum Knepper works on a contingency fee basis in pharmaceutical drug cases. This means we advance all the fees associated with the lawsuit. Our legal fees and expenses come out of the damages we recover from your lawsuit – you will not owe us anything unless we recover compensation for you. We will never ask you for money to prosecute your drug injury claim.