Sacramento Defective Drug Attorneys
Did You Suffer Unexpected Side Effects or Complications from a Medication? Ask Us About Your Legal Options.
Medical breakthroughs have brought new options and hope to patients with day-to-day medical needs like heartburn treatment and birth control and those with life-threatening conditions like HIV and cancer. However, some of these medications are later found to have dangerous side effects or complications that weren’t mentioned in any of the marketing materials.
People who use these dangerous drugs may end up suffering life-changing health conditions without even knowing they are at risk. Whether a pharmaceutical company failed to properly test a drug before releasing it or withheld reports of serious complications from the FDA during the approval process, marketing an unproven drug can have serious impacts on human lives. There is simply no excuse for any company to sell a product unless it is proven safe, and especially among pharmaceutical companies that rake in billions every year, this level of negligence is unconscionable. When a pharmaceutical company chooses to put profits over people, we are here for the victims of its mistreatment.
Our team has taken on Big Pharma before for unethical practices surrounding drugs and medical devices, and we’re not afraid to do so again. If you’ve been affected by a dangerous drug, we invite you to reach out to our team to learn about your options. We want to help you find justice and win compensation after facing mistreatment.
What Is a “Dangerous” or “Defective” Drug?
Because of individual differences in human physiology, there’s no medication on the market that comes without some risks. Even aspirin can cause serious conditions like allergic reactions, gastrointestinal bleeding, and strokes. Does this make it a “dangerous drug?”
From a legal standpoint, no. The risks of aspirin are clearly stated and the medication comes with contraindications—a list of factors that make using it dangerous. Anyone considering whether to take aspirin has access to the data they need to make an informed decision. Every pharmaceutical is expected to:
- Accurately state its impact
- Include a full list of potential side effects/complications
- Share the likelihood a patient will suffer adverse effects
- Clearly explain who should not take the drug
When a drug’s packaging and/or marketing materials do not meet these standards, it can be considered dangerous or defective. Sadly, this happens far too often. Thousands of drugs are recalled after reaching pharmacies each year according to Kaiser Health News, meaning they may make it to patients who have no idea they are in danger. A 2016 study in The International Journal of Health Services found that around 100,000 Americans die each year from drug side effects. Many more suffer serious injuries that can lead to additional treatment, missed work, or even permanent disability.
Your Rights in a Dangerous Drug Case
If you or a loved one suffered side effects or other harms a drug didn’t warn about, you may be eligible to file for compensation. Our attorneys can help you put together a claim to request damages including:
- Medical expenses
- Future medical care
- Lost wages
- Decreased earning ability
- Pain & suffering
In some cases, when a drug maker showed extreme negligence, we may also be able to request punitive damages for you and other patients who suffered serious side effects. Our attorneys can evaluate your case for free and let you know what your options are.
Dangerous Drug Claims and Recalls
Often, pharmaceutical companies will recall drugs when they receive reports of serious and unexpected side effects. Recalls are worryingly common: A long-term study of the medication market found that, in the first 16 years after approval, 27% of drugs are either given a black box warning (the most serious type of consumer notification) or removed from the market altogether. Worse, recalls are made a median of 5 years after release, meaning a dangerous drug may reach millions of people.
If you started using a drug that was later given a black box warning or removed from the market, you still have the right to take legal action if you were injured. Recalling a drug may prevent new users from suffering serious side effects, but it does nothing for those who have already been injured. A company’s choice to recall a drug may even provide useful evidence in your case. If you have further questions about your rights if you’ve been taking a drug that has been recalled, our attorneys are happy to help clarify them.
Individual vs. Class Action Suits
Our team has successfully helped groups of plaintiffs bring claims together in class action and mass tort cases. Because defective drugs typically affect multiple people, pharmaceutical companies often find themselves facing these types of claims. In a class action/mass tort case, multiple patients come together to file a lawsuit after suffering the same or similar damages. Rather than each individual having to litigate their case, all claims are considered as one and a settlement or jury verdict will be large enough to cover all plaintiffs.
There are pros and cons to joining a class action/mass tort claim if you’ve been injured by a defective drug. If you’re not sure what to do, our attorneys are happy to explain the difference between these and individual claims. We have experience helping patients with both types of claim, so we can explain the ins and outs of the process and how choosing one over the other might affect your life. Once you have all the information, you can be confident you’re making the right decision on how to move forward.
Call Us with Your Dangerous & Defective Drug Questions
We’re dedicated to protecting Californian consumers against companies that would rather bolster their profits than protect your safety. Especially when it comes to pharmaceutical companies and medical device manufacturers, negligent disregard of patient safety is unacceptable. If you’ve been injured, our team is ready to help you fight back.
We have more than 100 years of combined experience fighting for injury victims in and around Sacramento. Our team has been behind major state and federal cases to help patients find justice and win compensation after being injured by a product they expected to treat them. Our litigators aren’t afraid to face Big Pharma in court when your health is at stake. If you’ve been injured by a dangerous or defective drug, you need a legal team that will do whatever it takes to help you find justice. That’s what we’re known for at Kershaw Talley Barlow.
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