Medications often provide relief from symptoms and sometimes a cure for a condition or disease. They can improve and even extend a person’s life.
However, medications that work well in some people cause significant harm to others. Some medications prove so dangerous that the manufacturers or the Food and Drug Administration (FDA) take them off the market—though not until many people have suffered ill effects. Still, many other drugs remain on the market despite causing serious injury or death to some users.
Drug manufacturers must ensure the medications they sell are safe or provide a warning that allows a user to make an informed decision. If a medication harmed you, consult a local injury attorney immediately. A Somerset dangerous drugs lawyer could review your situation and advise you on your legal options.
Someone who suffers injuries from a medication (plaintiff) must prove the manufacturer (defendant) supplied a defective product. The issue could be a:
Many lawsuits alleging a drug is unreasonably dangerous also cite the manufacturer’s negligence as a cause of the plaintiff’s illness or injury.
Proving the product is defective often requires complicated evidence. The plaintiff might need opinions from biochemists to determine whether a drug’s design was faulty. Establishing a manufacturing defect could require testimony from engineers and production experts, while proving a label defective could require reviewing thousands of pages of testing data.
Mounting a defective drug lawsuit requires a substantial investment, and it is often more efficient for people with similar claims against drug manufacturers to work together and share the costs of litigation. A seasoned Somerset dangerous drugs attorney could explain whether the opportunity to join an ongoing action exists in your specific case.
Dangerous drugs often cause harm to many people. Although the manufacturer is liable for damages to anyone who suffered illness or injury from taking the medication, it would clog the court system for everyone who sustained damages to bring a separate lawsuit. Our skilled legal professionals could pursue suits related to dangerous drugs through a class action lawsuit or multi-district litigation (MDL), often called a mass tort.
Class action lawsuits allow anyone with a claim related to a specific drug to join forces with a few named plaintiffs. The plaintiffs bring the lawsuit, and if they prove the case, the manufacturer pays a settlement that is shared amongst all the people who elected to join the class.
A mass tort works differently. Courts decide to consolidate cases into a mass tort case when they notice many people making similar claims filed against the same defendant. The courts hear one or more bellwether cases, where the plaintiff presents his or her evidence against the defendants. If the plaintiffs succeed in the bellwether cases, the defendant will likely settle all the cases the courts consolidated. The mass tort process is more efficient for the court and much less expensive for the plaintiffs and defendants than typical litigation.
According to 42 P.S. § 5524, injured people have two years to file a lawsuit seeking damages. However, in some instances where a victim could not have reasonably known of the claim, the Pennsylvania Supreme Court has ruled that the clock does not begin ticking until a plaintiff knows or should have known that his or her injury resulted from someone’s negligence. It is still important to act quickly, because time is not on your side.
Diseases and conditions associated with dangerous drugs often do not become apparent for years after the plaintiff took the medication. If the plaintiff made reasonable efforts to identify the cause of his or her symptoms, they have two years from the date they discovered a drug caused the harm to bring a lawsuit.
When a plaintiff participates in a mass tort, the case could be heard in a different state. However, the statute of limitations in the plaintiff’s state of residence governs his or her eligibility to participate. A knowledgeable Somerset defective drug lawyer could discuss your legal options during a free initial consultation.
When a dangerous drug harms you or a loved one, seek compensation from the manufacturer. The company that makes millions from selling the product must pay your losses if it causes you to develop a serious health condition.
A Somerset dangerous drugs lawyer at Marcus & Mack has the skills and resources to win cases against large drug manufacturers. They also know how to pursue legal claims efficiently, ensuring you receive an appropriate settlement. Call today to get started.
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