Types of Defective Drug Lawsuits
Every drug on the market has to go through a rigorous process to be approved by the Food & Drug Administration (FDA), but that doesn’t mean that every drug is safe to use. Sometimes drugs are released to the market before all of the drug side-effects are known, or things can go wrong in the manufacturing process. When this happens, courts recognize that victims deserve compensation.
Using this drug to treat the bladder condition known as interstitial cystitis (IC) may lead to vision loss.
Taking this drug for the treatment or prevention of HIV are at an increased risk for adverse side effects.
The maker of this blood thinner didn’t adequately warn patients about the risks of severe bleeding.
Taking this arthritis drug may increase the risk of dangerous blood clots and even death.
Have you or a family member been the victim of a dangerous drug?
You are not alone.
Call the drug liability attorneys at McIntyre law to schedule a free consultation with us today.
Are there currently any class-action defective drug lawsuits?
In class-action and multi-district litigation lawsuits, many cases from around the country are decided by a single court. This court could be anywhere in the country—but no matter where you are, McIntyre Law’s experienced attorneys will provide dedicated, caring service. And our founder, Noble McIntyre, is always just a phone call away.
What to Know Before You File a Lawsuit
If you or someone you know has suffered severe drug side-effects, or if you know that you are taking or have taken a defective drug, you have options. Even if there isn’t a recall in place, you still might be eligible for a drug lawsuit.
To get started, you’ll need to gather all of the medical records and bills related to your use of the drug. You’ll also need to file specific legal papers with the appropriate court. Once you do all of that, you’ll be facing experienced lawyers backed by the big budgets of massive drug companies.
The McIntyre Law team is experienced in handling a drug lawsuit that can help you with damages associated with physical injury, suffering, pain, medical expenses and lost wages. Bring us onto your team—we’ll bring our experience and legal knowledge to help you stand up to the big drug companies.
What is a contingency fee?
When a lawyer works on a “contingency fee” basis, they’re agreeing to accept a fixed percentage of any monetary rewards from your lawsuit to cover their legal fees. If there are no rewards from your drug liability case, you don’t pay the lawyer. We get paid if, and only if, you do.
The Statute of Limitations for Drug Liability Lawsuits
You only have a limited window of time to file a drug liability lawsuit. A statute of limitations applies to these cases—once you suffer harm from a defective drug the clock starts ticking on your right to file a lawsuit. The statute of limitations varies from state to state—in some, you only have one year to file. That’s why, if you’re suffering from a defective drug, you should contact an experienced attorney right away.
What compensation can I get from a defective drug lawsuit?
You may be eligible for compensation if you are suffering from a defective or dangerous drug. The compensation won’t be just for the cost of the drug, or for additional medical expenses. Courts also recognize the emotional cost of suffering from a defective drug, as well as any lost past or future wages. Among the types of compensation you could be eligible for are:
- Cash awards
- Pain and suffering
- Lost income
- Future expenses
- Travel costs for medical visits
- Funeral and burial expenses
- Medical bills
Working with McIntyre Law
At McIntyre Law, our priority is the well-being of our clients. That means that we will fight for you and do whatever it takes to win your drug lawsuit. We’ve been down this road plenty of times—we’ve handled cases that include Paxil birth defects, Topamax birth defects, defective medical devices and more.
Do you have a case for a defective drug lawsuit?
If you or someone you know has suffered severe drug side-effects, or if you know that you are taking or have taken a defective drug, you have options. Even if there isn’t a recall in place, you still might be eligible for a drug lawsuit. The McIntyre Law team is experienced in handling a drug lawsuit that can help you with damages associated with physical injury, suffering, pain, medical expenses and lost wages. If this is something that has affected you, contact us for a free consultation. It’s a short phone call that will give you peace of mind. Don’t lose out on compensation you’re entitled to.
What is a drug recall?
A drug recall is when a prescription or over-the-counter medication is removed from the market because it is defective or otherwise potentially harmful. Sometimes, this is because the FDA has determined that the drug has too many associated risks, but in other cases, the manufacturer itself chooses to pull the drug from store shelves.
It’s important to know how to check for recalls, and why a recall might be in effect. A drug could be recalled for the following reasons:
Drugs go through rigorous testing well before they get to the store shelves. But, there are situations in which a drug’s risks are not understood or recognized until it has been used for many years. Sometimes this happens because the studies and trials were not lengthy enough to see the long-term effects. It could also happen when the trials do not account for the range of patients that the drugs will ultimately be used to treat; for example, it might not look at patients with preexisting conditions that might be affected by the new drug. While the FDA always does extensive research and testing, drug recall actions can happen because in some cases a patient would need to take a drug for many years — maybe even decades — before a negative effect would start to show symptoms.
Newly discovered drug interactions
Another cause for a drug to be recalled could be its interactions with other drugs. How a drug is handled by the human body varies on an individual basis because each person’s absorption, distribution, metabolism and excretion of the drug will be different. That means that even that long list of side-effects printed on a drug package insert cannot include the entire range of possible interactions.
Sometimes a drug is inherently safe, but a mistake is made in the manufacturing process. When that happens, specific batches of the drug can be recalled, but production continues and it will eventually be returned to market. A manufacturing mistake could be some contaminant in the batch, bacteria, or even the wrong proportions of ingredients.
Packaging information error
On occasion, a drug can be recalled even though the drug, itself, is completely fine. When it comes to medications, though, the small print on those little inserts in the box is just as important as the medication. That’s because any medication, if taken at the incorrect dosage, or not to the correct specifications, can be dangerous or even lethal. It’s also why a drug recall might occur if a medication’s dosing instructions, ingredient list, list of common side-effects, interactions or other information is incorrect. It’s important that doctors, patients and pharmacists have accurate information when dosing and prescribing drugs so that each patient takes a medication appropriately for his or her treatment and medical conditions.
FDA Recall Classes
Recalls happen when a drug is deemed to pose a danger to the public, or some portion of the public, or for another of the reasons listed above. Drug recall classes can indicate whether or not you would consider continuing to take the drug. Here are the drug recall classes you need to understand:
Class 1 recall
Reasonable probability that continuing to take the drug would cause serious harm or death.
Class 2 recall
Continuing to take the drug might cause temporary or reversible medical issues, but the possibility of serious consequences is low.
Class 3 recall
Even though the drug recall procedure requires the drug be pulled from shelves, continuing to use would not likely cause health problems.