If life were simple and not complicated, all the medicines and medical devices being used today to help patients would all be effective and provide an actual cure for the medical condition that they are being prescribed for. Unfortunately, most medicines and medical appliances have proven side effects and cause injuries, thus further driving the cost of healthcare. Fortunately for you, the law is on your side, and you can sue companies in the medical industry for injury arising from the side effects of drugs and from using medical appliances.
Defective medical products are covered under a special area of the law called product liability law. It is an old law that is over 100 years and came out after Buick lost a case for a defect in one of their products.
When can you sue a drug manufacturing company, or make a product liability claim? There are several instances under which you can do so. These include the following: design defect, marketing defect, and manufacturing defect. Any product liability claim can fall under any of those categories.
Design defect refers to cases where a product causes an injury because of its design. Any product that comes from the market is supposed to thoroughly tested before being released to avoid injuries. Unfortunately, in a rush to provide solutions for patients, manufacturers often, quite unknowingly, thorough testing takes a backseat. If you visit the website Drugwatch.com, you will find actually a list of medical devices that have been recalled because of their design defect.
Click on the button Drugs & Devices, and you will see a complete list of devices that are the subject of recall, lawsuit or controversy. Some of the devices you will find are e-cigarettes and OMNI hip replacements, among others. If you are using any device that is causing you to become sick, check if it’s one Drug Watch.
Marketing defects refer to cases where the manufacturer and the parties responsible for marketing a product fail to warn users about the risks involved in using the product. It could also be that they did not insert a comprehensive manual or set of instructions for using the drug or device they are marketing.
Manufacturing defects when an error in the manufacturing process leads to a defect in the finished product. The design may be perfect and the usage instructions comprehensive, but somehow, as the product was being made something happened that caused it harm to the end-user.
If you experienced any adverse side effects from using a drug, the first thing you need to do is to talk to a personal injury lawyer that specializes in product liability. But do it fast, though, because there are statutes of limitations or a period within which you can file a lawsuit.
Find out who your choices are by doing a quick search on Google for “defective drugs lawyer” plus the name of the area. What you want to do is to sit down in consultation with at least three experienced lawyers and talk to them about the facts of your case. Different lawyers will try to solve your case in slightly different way – you will want to keep your options open and decide on which path is the best course to take.
So that you know, there are several drugs that have been the subject of lawsuits before and are currently in the dangerous drugs list. These drugs include Accutane, Celebrex, Crestor, Ephedra, Hydroxycut, Meridia, Ortho Evra, Paxil, Provigil, Serevent, Serzone, Vioxx,
Yaz/Yasmin, Xarelto, and Zicam cold remedies.
We just don’t know if being on that list makes your case strong right from the start. Maybe it will; maybe it won’t. Only your lawyer will know. On that note of lawyers, how do you choose a lawyer?
There are several factors you need to consider. Most people like to take a look at the experience and winning averages before hiring. While those two are important, we would like to add to it by saying that you should also consider your level of rapport with a particular lawyer. Will you be able to work with him or her until your case ends?