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.
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.
In a product liability lawsuit, you can seek a 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.
The lawyers of Davis, Saperstein & Salomon, P.C., are national leaders in dangerous pharmaceutical product litigation. We have more than 30 years of experience with helping prescription drug injury victims and a record of results that includes more than $400 million recovered for our clients.
We lead class action and mass tort litigation cases against major drug companies and medical device manufacturers. Our lawyers also lead committees and present lectures to organizations such as the American Association for Justice (AAJ) and Mass Torts Made Perfect.
We can offer you the in-depth knowledge, resources and commitment that it takes to prepare strong individual cases and class-action lawsuits against drug companies and to hold them fully accountable for their wrongdoing.
Currently, we are investigating product liability claims nationwide involving the following medications.
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.
- 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.
- Defective manufacturing The way the product was made and packaged was flawed, leading to patient injuries. A broken seal would be an example.
A drug injury claim may allege several theories of liability, including:
- NegligenceThe 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.
- Strict liability 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.
- Breach of warrantyA person prescribed a drug who uses the product as intended should be protected by an express warranty and/or an implied warranty.
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.
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:
- Filing an individual lawsuitA 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 lawsuitIf 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 claimIn 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.
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 $400 million 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.