Defective & Dangerous
Drugs
In the U.S., many prescription medications have presented harmful side effects and catastrophic results for patients. When serious complications and harmful side effects are discovered, the FDA may issue a recall of the dangerous or defective drug. Patients who sustained injuries or developed devastating conditions while taking the medications have the legal right to file a bad drug lawsuit against the pharmaceutical company that released the drug. A product liability lawyer with experience in defective prescription medication litigation can help claimants who sustained injuries or developed serious conditions as a result of a dangerous drug.
We are currently reviewing the following types of dangerous medication lawsuits:
- JANUVIA, VICTOZA, JANUMET & BYETTA
- Elmiron
- Invokana
- Tylenol, Celebrex, Ibuprofen (Advil and Motrin) (Stevens Johnson syndrome)
- Nuplazid
- Taxotere
“In spite of these safety issues, pharmaceutical and medical device companies make billions each year. In 2015, prescription drug sales reached an all-time high of $425 billion. Analysts predict it will reach $610 billion by 2020. The U.S. remains the largest market for medical devices in the world, with a market size of $140 billion, according to the U.S. Department of Commerce.” Drug Watch
“Plaintiffs may claim certain injuries and damages caused by the fault product, including:
- Ongoing medical treatment for injuries, including hospitalization costs
- Loss of companionship or consortium
- Lost wages
- Diminished quality of life
- Pain and suffering
- Losses related to the death of a loved one, including funeral expenses” Id.
Januvia, Victoza, Janumet & Byetta
Januvia, Victoza, Janumet and Byetta are all prescription medications for type-2 diabetes. These prescription medications are taken in various different forms and are intended to act in various different ways, but all have an effect on pancreatic function. Although these drugs have different characteristics, the deadly side effect for all four of these medications are the same. Each of these medications have been linked to an increase in pancreatitis. In a worst case scenario, they are alleged to cause pancreatic cancer, which is one of the deadliest forms of cancer. There have been lawsuits filed in connection with all four of these drugs, seeking compensation for the harms suffered by patients.
Elmiron
In the latest legal blow to Johnson & Johnson, the company has been sued for eye damage caused by Elmiron, its medication to treat bladder pain and discomfort. Many victims are filing Elmiron lawsuits. The medication is alleged to cause retinal injuries and vision loss. The initial lawsuits were filed earlier this year, but observers are now expecting a large number of Elmiron vision loss lawsuits to be filed against Johnson & Johnson. The company is already facing lawsuits for its other product such as talc powder, Risperidone and its opioid painkillers.
- “The drug Elmiron, which treats interstitial cystitis, bladder pain and osteoarthritis, is being linked to permanent eyesight damage, including macular degeneration and pigmentary and retinal maculopathy. A number of studies dating to 2018 have revealed risks associated with long-term use of Elmiron. Mass tort law firms are looking for claimants now. Elmiron was developed by Janssen Pharmaceuticals (a Johnson & Johnson subsidiary).” Versus
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Invokana
When it was first introduced in 2013, Invokana was hailed as a first-of-its-kind medicine that would revolutionize the treatment of type-2 diabetes. The medicine is intended to act upon sodium-glucose transport proteins in order to help with the elimination of blood glucose. However, it became apparent soon after introduction that Invokana can cause serious side effects in patients that are taking the drug that can be as severe as amputation. Invokana side effects are a serious matter which must be taken seriously by both victims and Invokana lawyers. There have been numerous FDA warnings associated with this drug and sales growth of the medicine has been slowing as a result. Because of the complications that patients have suffered, there have been numerous Invokana lawsuits filed against the manufacturer of Invokana. If you feel that you have suffered harm as a result of taking this drug, there is legal relief that is possibly available to you by filing an Invokana lawsuit or an Invokana amputation lawsuit. Many victims are searching for information about:
Tylenol, advil, ibuprofen
Stevens-Johnson Syndrome is a disease that impacts the skin and mucous membranes. While the disease is very rare, it is also extremely dangerous and is life-threatening. If you suffered complications from over the counter medications such as Tylenol or Advil / Motrin, contact a Stevens- Johnson lawsuit law firm. Numerous medications that are available on the market today have the potential to cause Stevens-Johnson Syndrome. Stevens Johnson Syndrome results from severe reaction to certain over the counter medications such as:
- Tylenol
- Celebrex
- Ibuprofen (Advil and Motrin)
Taxotere
Taxotere is a drug that is administered intravenously and it is intended to treat many different types of cancer. The drug works as a form of chemotherapy that is supposed to slow the cell growth of the cancerous tumor. However, this drug has several side effects that can result from its usage. One of these side effects is that the hair loss that accompanies the use of this drug is permanent instead of the usual temporary hair loss that is associated with chemotherapy. This is notwithstanding the assurances from the company that the hair loss was limited in time. If you have taken this drug in conjunction with your cancer treatment and experienced permanent hair loss, you should immediately contact a Taxotere lawsuit attorney.
truvada
Despite recent Truvada lawsuits, Gilead Biosciences’ HIV drugs in the Truvada family have been a giant moneymaker for the company since they were introduced in 1997. This particular class of drugs also known as PrEP, which consisted of five separate medications, made billions of dollars in profits for the company before their patent protection ran out and the company replaced these drugs with a new product that also has earned the company outsized profits. Now, the company is facing a multitude of lawsuits claiming that the first generation of drugs caused bone and kidney damage. The company is now accused of suppressing the knowledge that it had that these drugs could be dangerous in order to maximize their profits and to keep selling this class of drugs for as long as possible.
nexium, prilosec
Nexium is one of the highest-selling drugs in the United States. Used to treat gastrointestinal reflux, certain doses of Nexium are available over-the-counter. It acts as a protein pump inhibitor to inhibit and reduce stomach acids. However, Nexium has been known to have certain side effects that can make it a dangerous drug. Specifically, Nexium has been associated with nexium side effects such as higher risk of kidney failure and stroke. Additionally, there has been some connection between use of Nexium and stomach cancer. As a results, the manufacturer of Nexium medication is facing a large number of Nexium lawsuits, some of which have already settled. If you have taken Nexium and have suffered a side effect that has caused you injury, you should immediately contact a Nexium lawsuit lawyer to discuss your legal options.
What Actions can Patients Take?
Patients who sustained injuries or developed serious conditions due to defective or dangerous prescription medications can file a legal claim. The defective medication lawsuit is filed according to which party is at fault. In the claims, the patient presents all their medical expenses related to the prescription medication as well as pain and suffering. The expenses include the cost of treating any new conditions that they developed as a result of taking the dangerous drugs. Any financial losses such as lost wages are also included in the legal claim. If the patient dies, their family could file a wrongful death lawsuit against the doctor that prescribed the medication or the pharmaceutical company that released it.
“When pharmaceutical companies release dangerous and defective drugs into the marketplace, patients who are injured as a result may be able to take legal action. Typically, these lawsuits allege that a pharmaceutical company made a drug that was somehow defective – either in design, manufacturing or marketing. A drug suffers from a marketing defect if the company failed to properly warn patients or doctors about a certain side effect.” Class action lawsuit
“It’s important to note that most lawsuits involving pharmaceutical drugs aren’t class action lawsuits, but rather individual lawsuits filed by one person with the help of his or her attorney. ” Class action drug lawsuit
How it works
DEFINING
Product LIability
Defining the Liability of
the Doctor
Doctors who prescribe medications to their patients that were recalled or labeled as dangerous are liable for patient injuries or adverse conditions. The choice to prescribe medication when there is a current FDA warning indicates a failure to provide high-quality healthcare to the patient. It also indicates that the doctor was negligent in providing dangerous or defective medications. Under the circumstances, the patient has the legal right to seek damages from their doctor.
Defining the Liability of the Pharmaceutical Company
Pharmaceutical companies are liable for patient injuries when severe adverse conditions are discovered. The companies aren’t liable for known risks associated with the medication that were disclosed to the patients. Common side effects don’t present a liability for the pharmaceutical company. However, new discoveries that could lead to life-threatening conditions do present a liability and the potential for negligence. If the FDA takes action, the pharmaceutical company is responsible for any patients that develop the severe conditions identified by the federal agency. At which time, the patients have the right to file a legal claim.
What are the Potential Outcomes of Medical Malpractice Lawsuits?
While there isn’t a guarantee that the patient will win, he or she could acquire significant compensation if they do win their case. In the cases, the patient receives economic damages associated with their medical expenses and lost wages. If the defendant is a doctor, the patient could receive punitive damages for the doctor’s negligence. In a wrongful death lawsuit, the family could receive lifetime earnings for the patient if he or she provided financial support for the claimant. Any financial award provided to the patient is dependent on the judge’s decision in their individual case.
In the U.S., a larger volume of prescription medications has been identified as defective and dangerous. In these cases, the drugs have created more complex conditions than the original illness identified by their doctor. Underlying conditions have developed while using the medications to treat the patients. Patients who have developed complications or new illnesses could file a claim against their doctor and/or the pharmaceutical companies to collect compensation for their injuries. Patients who want to start a legal claim are encouraged to contact an attorney right now.
Sources:
https://www.accessdata.fda.gov/drugsatfda_docs/label/2010/021676s009lbl.pdf
https://www.fda.gov/Drugs/DrugSafety/ucm094305.htm
https://www.fda.gov/Drugs/DrugSafety/ucm341822.htm
https://www.fda.gov/Drugs/DrugSafety/ucm282724.htm
https://www.fda.gov/Drugs/DrugSafety/PostmarketDrugSafetyInformationforPatientsandProviders/ucm192645.htm
https://www.accessdata.fda.gov/drugsatfda_docs/label/2009/020272s056,020588s044,021346s033,021444s03lbl.pdf