Explaining Pharmaceutical Lawsuit In 2024: From Injury to Settlement
While most prescription drugs and over-the-counter medications are safe, some lead to serious side effects and permanent health issues. As a result, more and more victims are filing a Pharmaceutical Lawsuit against drug manufacturers that fails to warn about certain risks.
Throughout U.S. legal history, pharmaceutical lawsuits have resulted in millions and even billion-dollar settlements. Filing a lawsuit is the only way to hold the manufacturers accountable for all the harmful effects of the medications. In addition, it also helps you obtain the financial resources to care for conditions that have been caused by their negligence.
A pharmaceutical lawsuit is also referred to as a “bad drug” lawsuit. It argues a defective medication caused unintended harm to a patient or patients seeking damages.
Injuries caused by a faulty drug
- Diminished quality of life.
- Lost wages.
- Losses related to the death of a loved one, including funeral expenses.
- Loss of companionship or consortium.
- Ongoing medical treatment for injuries, such as hospitalization costs.
- Pain and suffering.
While each case is unique, product liability claims all have certain claims in common. Therefore, when it comes to taking pharmaceutical legal action, the plaintiff must prove that the drug or device that injured them is defective.
Nevertheless, product liability claims allege the product is defective in three ways, such as:
- Failure to warn defects.
- Design defects.
- Manufacturing defects.
Explaining all these defects in details
1. Marketing defects
The lawyers refer to marketing defect claims as failure to warn claims. They are some of the most common types of cases. It describes flaws in the way a company advertises its product, such as:
- Insufficient instructions on how to use a product
- Insufficient safety warnings
- Improper labeling.
2. Design defects
It refers to when the drug or the design of the devices causes a pharmaceutical injury because it is defective or unreasonably dangerous.
For example, people injured by metal on metal hip implants confess that the defective design caused these implants to fail early and injure people.
3. Manufacturing defects
These defects are claimed when design and marketing are proper but a mistake pops up during the manufacturing process that causes the defect.
Steps to file a pharmaceutical lawsuit
- Get several case evaluations from a few lawyers.
- Choose a firm or independent lawyer.
- Sign a contract/retainer agreement.
- Lawyers will help you draft a complaint in state or federal court.
Filing a pharmaceutical lawsuit with a lawyer
While people can try to get a pharmaceutical claim on their own, it’s always a smart decision to hire a lawyer. After all, lawsuits against pharmaceutical and medical device companies are complicated and involve special points of law. Moreover, these companies also have large and experienced legal teams.
Therefore, hiring a skilled and experienced attorney will help you ensure you have a legal team on your side to get maximum compensation for your Pharmaceutical Lawsuit.
The biggest ever Pharmaceutical lawsuit settlement amount was:
- Amgen: $762
- Eli Lilly and Company: $1.4 billion
If you want a Pharmaceutical lawyer who cares about you and the outcome of your pharmaceutical lawsuit, choose Ethen Ostroff. He and his professional connections ensure you get every dollar possible for what you went through.
