The answer to “How do I file a dangerous drug claim?” varies by state, as each state has differing statutes. People who have suffered an injury or experienced the wrongful death of a family member due to a dangerous drug should consult with a skilled DuBois dangerous drug attorney immediately. You may be eligible to file a dangerous drug claim that entitles you to receive financial compensation for your losses.
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Before filing your dangerous drug claim, it’s necessary to understand what constitutes a reason for one. Dangerous drugs are over-the-counter and prescription medications that cause unexpected injury or death to the consumer. Four primary reasons make a drug dangerous: manufacturing, design, and marketing defects and off-label use of a drug.
Manufacturing defects are errors occurring at the manufacturing facility where the dangerous drug is made or during the shipping and handling process of distribution, such as:
Defective manufacturing errors result from improper handling and storing of the drug, not the medication itself. For example, a popular heartburn medication called Zantac was recalled after being contaminated with a cancer-causing agent called NDMA.
Design defects are hazards that exist before the dangerous drug becomes available on the market, with harmful side effects that manifest several years after the drug’s been on the market are classified as defective drug designs.
An infamous example involved pharmaceutical company Merck allowing a painkiller called Vioxx on the market despite knowing it increased the risk of strokes and caused heart attacks. While Merck paid $4.85 billion in settlements, it is estimated that 88,000 Americans suffered heart attacks from taking Vioxx, with 38,000 fatalities.
Pharmaceutical companies owe a duty of care to consumers, meaning they must inform consumers about potential health hazards and risks associated with their products. Failure to warn includes:
Marketing defects can occur during the marketing and advertising of a pharmaceutical. However, they may also happen if a doctor or pharmacist fails to inform and personally counsel you on the dangers of the drug.
Pharmaceuticals created and FDA-approved to treat a medical condition promoted and prescribed for other medical conditions that the FDA did not approve for the drug’s off-label use.
Harm, injury, or wrongful death from off-label use of medications may result in an off-label promotion settlement under the False Claims Act. For example, pharmaceutical company Abbott paid $1.6 billion in penalties for alleged off-label marketing of valproic acid.
Filing a dangerous drug claim varies by state due to differing legal statutes. However, the general ebb and flow of the claims process involve:
Injured dangerous drug victims or those suffering the loss of a loved one due to a dangerous drug should contact an experienced personal injury attorney as soon as possible. An experienced personal injury lawyer will legally inform and handle every other aspect of filing a dangerous drug claim.
Your attorney will advise you not to speak with the insurance companies and will handle filing a dangerous drug claim for you. Do not give recorded statements to the insurance company representative or adjuster. Instead, refer them to your dangerous drug lawyer for all future communications.
Once your claim is filed, gathering evidence and the necessary documentation to prove negligence is critical. Your dangerous drug attorney will:
Your lawyer will also build your case with experts, such as medical professionals and pharmaceutical litigation attorneys, who can verify negligence and fault.
Dangerous drug claims can sometimes involve multiple at-fault parties. Your lawyer will identify all negligent parties to ensure justice and maximize compensation for your losses. Parties who may be held liable in a dangerous drug claim are as follows:
While most dangerous drug claims hold the drug manufacturer liable for injury and wrongful death associated with taking their products, your personal injury lawyer will explore multiple liability situations.
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Damages in a dangerous drug claim encompass the monetary and non-monetary losses from the incident, otherwise known as economic and non-economic losses. Most of these cases do not award punitive damages, although they are not unprecedented when particularly heinous offenses qualify for punishing a defendant. Damages you may recover in a dangerous drug claim include:
Keep and provide copies of your paper trail to your lawyer. Essential documents to help prove damages are medical and rehabilitation billing statements and receipts for out-of-pocket costs. Dangerous drug victims should also document their symptoms in an injury journal, especially those relating to pain and suffering —and emotional distress.
After determining all your damages and calculating a financial demand for your losses, your lawyer will begin negotiations with the liable insurance companies. Negotiations may take time and last a few rounds before coming to a settlement agreement.
Only a small percentage of dangerous drug claims are ever seen inside a courtroom. The final step of the claims process typically involves issuing a settlement check. However, if your case requires litigation, an experienced dangerous drug attorney will confidently represent you at trial.
Schedule a free consultation with a personal injury lawyer to discuss the specifics of your case. They will help determine if you have a case for compensation. It’s helpful if you have whatever paperwork in your possession at your initial consultation.
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