More Americans than ever ― roughly 7 out of 10 ― take at least one prescription medication, and more than half take at least two. And those numbers are increasing. The U.S. Food and Drug Administration (FDA), approves many new drugs and drug therapies each year designed to treat almost every medical condition imaginable.
Many of these medications improve the quality of people’s lives, and in some circumstances, save them. But the rush to develop new drugs, fueled by greed and corporate profits, has come at a tragic cost to thousands of consumers. The truth is that not all medications are safe. In fact, some drugs are prescribed “off-label” or for uses other than what the FDA originally approved. As more Americans rely on medications, the rate of injuries caused by dangerous prescription drugs has increased at an alarming rate.
Dangerous Drug Mass Tort: an act or omission that harms a large number of people
Mass tort cases arise from a dangerous prescription drug on the market that harms many people. Some of these cases are well-publicized, while many others never make headlines, but cause just as much pain to the people whose lives are affected. In a mass tort case, plaintiffs with similar injuries file individual lawsuits, which are grouped together only for pretrial proceedings, and then they may be tried later in their original state jurisdiction.
These personal injury cases fall under the category of product liability: the responsibility of corporations, distributors, and manufacturers of pharmaceutical drugs to foresee and test for potential risks and deliver safe products to the market.
What makes a prescription drug dangerous?
When pharmaceutical companies fail to adequately test, label or warn about the potential risks associated with their products and put profits before consumer safety, they can be liable for personal injury. Dangerous drug attorneys are prepared to hold them accountable and recover full compensation for the harm done.
Although products are closely monitored by the FDA, there are several reasons why a pharmaceutical drug may pose a serious health risk or be fatal, including:
- Insufficient warnings or instructions leading to unintended misuse
- Manufacturing mistake or design flaw making the drug unreasonably dangerous
- Inadequate testing before a drug is brought to market
- Failure to properly warn the medical community and consumers about product risks.
All of these failures come back to the basic principle of accountability. Manufacturers of prescription drugs can and should be held accountable if they put consumers at risk.
How do I find out if you have a valid dangerous drug claim?
The FDA tracks thousands of implantable, life-saving, and life-sustaining medical devices and maintains a database of all drug recalls. Among these dangerous drugs, some are the source of ongoing lawsuits in courts around the country. If you have been harmed by a pharmaceutical drug, you may have a liability claim.
The first step to see if you have a valid claim is to consult with an attorney who will determine what dangerous drug claims are being handled and if your potential case qualifies for further investigation. There are strict statutes of limitations in dangerous drug cases, so it’s important to get in touch with an experienced personal injury attorney as soon as possible.
What compensation can I receive from a dangerous drug lawsuit?
Under state and federal law, consumers seriously harmed because of dangerous drugs have the right to recover financial damages for various categories of loss, including:
- Pain, suffering, and emotional distress
- Interference with enjoyment of life
- Medical bills and healthcare expenses
- Time lost from work
- Any loss wages and lost future income
- Loss of consortium in a wrongful death case
Protecting consumers against dangerous drugs
Dangerous drug lawsuits involve complicated medical and legal issues and are expensive to pursue. It takes an understanding and mastery of complex theories of liability and damages, as well as the time necessary to review and process thousands of case documents, and work with many witnesses and experts.
If you’ve been injured by a dangerous pharmaceutical drug, contact Berman & Simmons to determine what defective drug products are being considered for legal action and if your case qualifies for further investigation. By partnering with a national referral network of experienced mass tort attorneys, our goal is to protect consumers against potentially harmful drugs and hold corporations liable to the people they harm.
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Dangerous Drug FAQs
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What is a mass tort lawsuit?
Mass tort cases stem from a defective drug or device on the market that harms a large number of people. Some of these cases are well-publicized, while many others never make headlines, but cause just as much pain to the people whose lives are affected.
Mass tort claims can include different complaints against the same defendant(s), and often involve injuries from dangerous drugs and medical products. For instance, patients can sue the maker of a defective medical implant for different types of injuries. In a mass tort case, they would file individual lawsuits, which are grouped together only for pretrial proceedings, and then they may be tried later in their original state jurisdiction.
Prescription drug and medical device makers are legally responsible for ensuring that their products are safe
and must:- Conduct adequate clinical trials and other testing as the FDA requires
- Clearly explain the risks and benefits of their products to healthcare providers and consumers
- Continue to test their products for safety
When corporations fail to satisfy any of these or other requirements, they can be held liable to the people they harm. Dangerous drug and medical device lawsuits involve complex medical and legal issues and are expensive to pursue.
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Why are some medications dangerous?
There are a number of reasons why medications can be dangerous, including:
- Drug companies sometimes fail to conduct the studies needed to identify risks that emerge after approval.
- Failure by a drug manufacturer to properly warn the medical community and consumers about risks.
- Marketing of medication for uses not approved by the United States Food and Drug Administration (FDA)
More than 30 dangerous drugs have been approved and later taken off the market because of serious health risks since the 1970s. These drugs have killed or seriously injured thousands of Americans. Dozens of other dangerous drugs remain available. Some of them come with warnings from the FDA, but those warnings are not always clear or
well communicated.All of these failures come back to the basic principle of accountability. Drug manufacturers can and should be
held legally accountable if they put consumers at risk. -
What types of mass tort claims are most common?
Mass tort categories typically fall into three types:
- Prescription drugs
- Product liability, which includes medical devices: Claims typically fall into three categories: 1) defective manufacture, 2) defective design, 3) failure to provide adequate warnings or instructions concerning the proper use of a product.
- Toxic contamination: Also known as “toxic torts,” these cases involve hazardous pollutants or chemicals that have poisoned people.
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What are the skills needed to handle mass tort cases?
Mass tort cases require extraordinary resources and highly sophisticated knowledge. It takes an understanding and mastery of varied and complex subject matter and theories of liability and damages, the time necessary to review and process thousands of case documents, and the ability to work with many witnesses and experts. Our lawyers have the skills and tenacity to prepare a mass tort case no matter how complex.
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If I’ve experienced complications from a dangerous drug, do I have a tort claim?
Complications from dangerous drugs can vary in severity. Because of this, it’s difficult to determine if a tort claim is feasible. To get a fair and accurate assessment of your potential case, contact our attorneys at Berman & Simmons. We handle many cases involving dangerous drugs and medical devices and can let you know if we can help you with a tort claim.
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What if the drug I took was a generic brand?
According to the FDA, generic drugs are required to have the same active ingredient, strength, dosage form, and route of administration as the original brand-name drug. All manufacturing, packaging, and testing sites must also pass the same quality standards as the brand-name drug.
The Supreme Court has determined that generic drug makers are not liable for any negative side effects; the original manufacturer is. (See PLIVA, Inc. v. Mensing, 564 U.S. 604 and Mutual Pharmaceutical Co. v. Bartless, 570 U.S. 2468.)
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What is the process for a mass tort claim?
These are the basic steps:
- Review records – We examine statements from claimants and their medical records to identify the device or drug and injuries.
- Injury consistency – We check for similarity of injuries among those harmed by drugs or devices as evidence for the claim and categorize the cases to understand any shared characteristics.
- Federal court filing – Individual cases are consolidated to speed up processing and information gathering.
- Bellwether trials – A small group of lawsuits, chosen from a larger group of similar cases, are tried first. The results can determine the potential outcomes of future cases. As an example, C.R. Bard, the maker of the inferior vena cava (IVC) filter G2, will pay plaintiff Sherr-Una Booker $3.6 million for injuries she suffered from the device and for failure to warn about its dangers in the first IVC “bellwether” case to go to trial.
- Settlement – This occurs when both parties enter negotiations to settle the claims, and any proposed agreements are presented to claimants to decide whether they will accept them or proceed to a trial.
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How long does a mass tort claim take?
Because mass tort claims can involve multiple plaintiffs, they can take longer than typical personal injury cases. Generally, these cases take years before resolution.
There are statutes of limitations in medical device and dangerous drug cases, so it’s important to contact a lawyer as soon as possible if you believe you have a claim.
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What type of damages can I claim in a mass tort case?
Under state and federal law, victims of dangerous drugs have the right to recover financial damages for various categories of loss, including:
- Current and future medical bills
- Lost work time related to your injury
- Disability and disfigurement
- Pain and suffering
- Mental and emotional damages
If you have been harmed by a dangerous drug or a defective medical device, we are prepared to stand up for you and your family. Our team of experienced lawyers will hold companies accountable and make sure you receive full compensation for the harm done to you.