Drug and device lawsuits happen when people are injured by a pharmaceutical drug or medical device. In these cases, the person who was injured (the “plaintiff”) sues the company that made the drug or device (the “defendant”).The plaintiff will allege that the defendant is responsible for their injuries, and they will ask for compensation for their damages.
There are many different types of drug and device lawsuits. Some common examples include:
Product liability lawsuits: These lawsuits allege that a defective drug or medical device caused the plaintiff’s injuries.
Class action lawsuits: These lawsuits involve a group of plaintiffs who have similar claims against the same defendant.
Personal injury lawsuits: These lawsuits allege that the plaintiff was injured by taking a certain medication or using a certain medical device.
Wrongful death lawsuits: These lawsuits allege that the death of a loved one was caused by a defective drug or medical device. Drug and device lawsuits can be complex, and they often involve large sums of money. If you have been injured by a pharmaceutical drug or medical device, it is important to speak with an experienced attorney who can help you understand your legal rights and options.
A History of Dangerous Drug Lawsuits
Americans expect the medications they take to be safe and effective. But unfortunately, this is not always the case. In the past, there have been many examples of drugs that were later found to be unsafe or ineffective.
For instance, in the 1950s, the drug “Thalidomide” was prescribed to pregnant women to help with morning sickness. But later, it was discovered that the drug caused birth defects.
In the 1960s, the drug “Phen-Fen” was prescribed for weight loss. But later, it was discovered that the drug could cause heart damage.
And in recent years, there have been several high-profile cases of drugs that were later found to have serious side effects. For example, the drug “Vioxx” was found to increase the risk of heart attacks and strokes. And the drug “Zoloft” was found to increase the risk of birth defects.
These examples show that even though drugs are meant to help us, they can sometimes do more harm than good. If you have been injured by a pharmaceutical drug, you may be able to file a lawsuit against the manufacturer.
A History of Dangerous Device Lawsuits
Medical devices are meant to improve our health and quality of life. But like drugs, medical devices can sometimes do more harm than good.
For instance, in the 1990s, the “Dalkon Shield” was a type of intrauterine device (IUD) that was used by millions of women around the world. But later, it was discovered that the device could cause pelvic inflammatory disease, infertility, and other health problems.
And in recent years, there have been several high-profile cases of defective medical devices.
For example, in 2008, it was discovered that a type of hip implant called the “ASR XL Acetabular System” was causing serious injuries in some patients.
And in 2012, it was discovered that a type of surgical mesh was causing serious side effects in some patients.
These examples show that even though medical devices are meant to help us, they can sometimes cause serious injuries. If you have been injured by a defective medical device, you may be able to file a lawsuit against the manufacturer.
Why File A Drug or Device Lawsuit?
Prescription drugs and medical devices are regulated by the U.S. Food and Drug Administration (FDA). The FDA is responsible for making sure that drugs and devices are safe and effective. But sometimes, dangerous drugs and devices make it to market. And when this happens, patients can be seriously injured or even killed.
If you have been injured by a pharmaceutical drug or medical device, you may be able to file a lawsuit against the manufacturer. There are many reasons why you may want to file a lawsuit, including:
To recover damages for your injuries: If you have been injured by a defective drug or device, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and more.
To hold the manufacturer accountable: When a drug or device is found to be defective, it is important to hold the manufacturer accountable. Filing a lawsuit can help make sure that other people are not injured by the same product.
To send a message: By filing a lawsuit, you can send a message to the manufacturer that you will not tolerate dangerous products. And you can send a message to other companies that they need to be more careful in their design and testing of products.
What Are Your Legal Rights?
If you have been injured by a defective drug or device, you may be entitled to compensation for your injuries. But before you can file a lawsuit, you need to know your legal rights.
The first step is to find out if you have a legal claim. To do this, you will need to talk to a lawyer who specializes in drug and device lawsuits. A lawyer can review your case and help you understand your legal rights.
The second step is to file a lawsuit. If you have a legal claim, you can file a lawsuit against the manufacturer of the drug or device. But you need to act quickly, because there is a time limit for filing lawsuits.
The third step is to go to trial. If your case goes to trial, a judge or jury will decide who should be held responsible for your injuries.
What Are The Time Limits For Filing A Lawsuit?
The time limit for filing a lawsuit is called the “statute of limitations.” The statute of limitations is different in every state. But in general, you need to file a lawsuit within two years of being injured by a defective drug or device. If you don’t file a lawsuit within the statute of limitations, you will lose your right to sue.
Contact a Drug & Device Attorney If you or a loved one has been injured by a pharmaceutical drug or medical device, you may be entitled to compensation. An experienced attorney can help you understand your legal rights and options.
The lawyers at Shook & Stone have represented many people who have been injured by defective drugs and medical devices. We have the knowledge and experience to help you win your case. Contact us today by calling (702) 570-0000 for a free consultation.
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