A “dangerous drug lawsuit” is phrase referring to cases filed in court against pharmaceutical companies and drug manufacturers for harm caused by prescription medications.
These cases can be filed as an individual case for one person, but are often filed as class action lawsuits for a large group of people.A person injured by a medication can join the class action lawsuit and make a claim for a settlement.
What Are The Legal Requirements For Suing A Pharmaceutical Company?
Most lawsuits against pharmaceutical companies allege that a person was injured or suffered serious harm from an undisclosed side effect of a prescription medication.
The laws in the United States require that the drug companies disclose all serious complications of a medicine and warn consumers about the potential risks and side-effects of a drug.
People harmed by drugs may have the legal right to a settlement against the drug maker.
In other cases, a pharmaceutical company may promote a drug for an “off label” use. This means that the drug is used for a main purpose but may also have some incidental benefits. However, those other benefits may pose serious medical risks to the consumer.
Failing to warn doctors and the public of these risks may also be the basis for suing a drug manufacturer.
What Is Needed To Prove A Case Against A Drug Company?
In order to win compensation and receive a settlement against a drug company, the consumer must generally prove that:
1. The medication was taken during a specific period of time. Medical records and pharmacy records are often used to prove this requirement.
2. The person suffered the “signature injury,” or type of complication that is asserted in the lawsuit. Again, medical records are used to prove the type of injury or harm.
3. The person suffered damages as a result of the harm caused by the dangerous drug. Damages can include pain and suffering, disability, lost wages, and medical expenses. In cases involving death, damages can be awarded under the wrongful death laws.
How Much Are The Settlements In Drug Lawsuit Cases?
The settlement amount for each person participating in a class action drug lawsuit depends on a number of factors.
The factors include the type of harm suffered, the degree in which the person has matched the case criteria, the number of people in the lawsuit, and the total amount of the settlement.
Many lawsuits have classifications and systems for grading the factors for each lawsuit participant and then assigning a dollar settlement amount based upon those various factors.
The amount that an individual plaintiff will receive is not determined until after the pharmaceutical company has agreed to pay a specific total settlement amount.
How Much Does It Cost To File A Pharmaceutical Company Lawsuit?
It will cost you no money to get started on your case. Our attorneys do not charge any legal fees to file your drug lawsuit or add your claim to an existing class action lawsuit.
You will not be charged any legal fees unless you receive a settlement and our fees will be deducted from your settlement amount.
We will also pay all of your case costs and expenses. If your claim is unsuccessful for any reason, you owe us nothing.
How Do I Start My Dangerous Drug Lawsuit Claim?
You can call our pharmaceutical injury lawyers now at (866) 280-3417 to speak to our case specialists and tell us more about your case. You can also submit the Case Review form on this page.
We will listen to your story and determine if you are eligible to file a dangerous drug claim or participate in a class action lawsuit.