Over $1 Billion in Verdicts and Settlements

Drug Injury Attorney in New Jersey

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You have a right to expect that a drug prescribed to you will make you better or slow the progression of your disease. Unfortunately, many prescription drugs on the U.S. market today do just the opposite: They make people sick or cause death. That makes drug companies liable for the damage done, and you can have a lawsuit filed against them.

If you suffered harmful prescription drug side effects or lost a loved one because of a dangerous pharmaceutical product, you have the right to take legal action against the drug’s manufacturer and/or distributor. An experienced prescription drug injury lawyer can help you file a product liability suit.

In a product liability lawsuit, you can seek full recovery of your medical expenses, lost income, pain and suffering, and more. You can also help to protect others from similar harm caused by dangerous drugs.

Active Investigations

Steps to Take If You Suspect a Prescription Drug Injury

The FDA regulates the nation’s pharmaceutical industry. The agency determines which drugs are sold in the U.S. for specific purposes. The agency also monitors the safety and effectiveness of drugs on the U.S. market.

If the FDA learns of serious safety risks involving a drug, the FDA typically will ask the drug’s manufacturer to voluntarily recall the product. The FDA will then provide the public with information about the recall.

However, quite often, a drug harms numerous patients before a recall occurs. In some cases, the FDA and pharmaceutical companies fail to act despite clear evidence of a drug’s harmful side effects.

In other words, a drug may still be dangerous even though it has not been recalled. If you believe that you or a loved one has been harmed by the drug, you should take immediate steps to protect your health and your legal rights. You should:

See your doctor as soon as possible.

Before you stop using a prescribed medication, consult with your doctor. The doctor can review your symptoms, start any necessary treatment and, perhaps, prescribe a safer alternative drug.

Report your event to the FDA.

The agency relies heavily on reports of adverse events in order to monitor drugs on the U.S. market. You should take a few minutes and file a report through the FDA’s MedWatch program.

Gather all of your medical information.

Keep copies of any medical records you have, including the prescription and labeling information. You should also hold on to the medication itself.

Meet with a lawyer.

Don’t wait to contact Davis, Saperstein & Salomon, P.C. We will provide a free and confidential consultation. We can immediately investigate your case and explore all legal options available to you.

Types of Drug Injury Claims

Prescription drug injury lawsuits typically involve one or more of the following defects:

Failure to warn

The drug’s labeling and advertising failed to properly warn doctors and patients about dangerous side effects, which led to injury. In reality, drug companies often conceal or downplay serious safety risks associated with their products.

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Defective design

The faulty design of the pharmaceutical product harmed patients. A dangerous combination of ingredients in a drug would be an example of this type of defect.

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Defective manufacturing

The way the product was made and packaged was flawed, leading to patient injuries. A broken seal would be an example.

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A drug injury claim may allege several theories of liability, including:

The drug manufacturer carelessly or recklessly allowed a dangerous product to get into the hands of patients. A manufacturer’s failure to properly test a drug is an example.View Next
Under this theory, a manufacturer may be liable for the harm caused by a drug’s defect regardless of the extent of care and caution that the manufacturer used in the design, manufacturing and labeling.View Next
A person prescribed a drug who uses the product as intended should be protected by an express warranty and/or an implied warranty.View Next

Our firm’s role is to review all of the evidence in your case and determine the type (or types) of product liability claims that should be pursued in order to maximize your potential recovery.

Are you ready to discuss your case? Contact us now to set up a free consultation.

Drug Injury Legal Options

The lawyers of Davis, Saperstein & Salomon, P.C., have extensive experience with pursuing compensation for defective drug victims and their families. We can consult with you and pursue the strategy that meets your goals.

The strategy in your case may involve pursuing options such as:

medical prescription pills scattered on top of a table
  • Filing an individual lawsuit. A lawsuit may be filed in state or federal court. In pharmaceutical litigation, many people across the nation may have suffered similar harm from the same product. Your lawsuit could be consolidated in the same state or federal court with other lawsuits. This is called multidistrict litigation (MDL) or multicounty litigation (MCL). Consolidation expedites the pretrial process, cuts down on costs and avoids the risk of inconsistent rulings.
  • Filing a class action lawsuit. If so many people have been harmed by a pharmaceutical product that it would be impracticable to bring all lawsuits to court, the most effective strategy may be to pursue a class action lawsuit. In this type of action, one or two “named plaintiffs” would represent the larger “class” of plaintiffs. Like an individual lawsuit, a class action lawsuit could be filed in state or federal court.
  • Filing a settlement fund claim. In some situations, a pharmaceutical company may have already agreed to pay claims to harmed patients or surviving family members through an established settlement fund. We can help you to determine whether you are eligible to file such a claim and ensure that you are properly compensated.

We will advise you at each stage of your case, pay close attention to your goals throughout litigation, keep you regularly updated about your case’s progress and always be available to answer your questions.

How to join a class action lawsuit against pharmaceutical companies?

Joining a class action lawsuit begins with determining your eligibility. To qualify, you must have used the specific drug or medical device in question and have been diagnosed with the specific injuries or adverse side effects alleged in the lawsuit. It is crucial to gather all relevant medical records and documentation that support your case. Since each lawsuit has a defined set of criteria, including timeframes for when the product was used, you must meet these specific requirements to be included as a class member.

The next step is to find an active lawsuit and secure legal representation. You can often find information about existing lawsuits by searching online for the drug’s name followed by “class action lawsuit.” This will typically lead you to law firms specializing in pharmaceutical litigation. Contacting one of these firms for a free consultation is essential. They will evaluate the details of your situation, confirm your eligibility, and explain your legal options. Most of these attorneys work on a contingency fee basis, meaning you will not pay any legal fees unless you receive a settlement or award.

Once you have joined the lawsuit, your role becomes largely passive. The legal team and the lead plaintiffs will manage the complex litigation process, including all filings, negotiations, and court appearances. You will be kept informed of major developments, such as settlement offers or trial dates. It is important to understand that these cases are often lengthy and can take years to resolve. Your primary responsibility will be to provide any requested information to your attorneys and to be patient as the legal process unfolds.

How long does a pharmaceutical lawsuit take?

While there is no fixed schedule, a general timeframe for a pharmaceutical lawsuit, particularly those involving large numbers of plaintiffs in mass tort or class action cases, can range from two to five years, with some highly complex cases extending for a decade or more.

Types of Drug Injury Compensation

Regardless of the legal strategy pursued in your prescription drug injury claim, the goal of Davis, Saperstein & Salomon, P.C., will be to ensure that you receive maximum compensation for the harm you have suffered.

We can aggressively pursue compensation for you that may include:

  • All past and future medical expenses
  • Lost income
  • Diminished future earning capacity
  • Pain and suffering

  • Emotional distress
  • Loss of enjoyment of life
  • Loss of consortium
  • Wrongful death damages for surviving, eligible family members.

Remember: You will pay no fees unless and until we secure a financial recovery for you.

Get Help Today from Our Experienced Drug Injury Lawyers

If you suffered injury or lost a loved one due to a dangerous drug, contact Davis, Saperstein & Salomon, P.C., immediately. We can provide a free review of your case and explain your legal rights and options.

We have been helping injured people since 1981 and recovered more than $1 billion on behalf of our clients. We are ready to help you, too.

We bring exceptional experience, talent and resources to every case, whether it is big or small. You can trust us to tirelessly to pursue the compensation that you deserve.