Dangerous Drugs Questions

Do I have a case if I have been harmed by a drug?

If the drug was prescribed properly and you were taking it as directed, you may have an action against the manufacturer. This would be so whether or not the drug has been recalled. Unlike medical malpractice, you are alleging that the drug itself was harmful, not that an error occurred.

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What is a mass tort?

When a product or drug is harmful, a great many people may experience similar damages. This is why you will see commercials offering legal services for particular medications. A mass tort is much like a class action lawsuit. The word tort just means a legal claim or lawsuit resulting from a wrongful act.

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How is a mass tort different than a class action lawsuit?

Both mass torts and class action lawsuits fall under the general heading of aggregate litigation. In essence, a group of plaintiffs combine resources to sue one or more defendant corporations. The purpose, in both types of procedure, is to make the process more efficient. By combining claims, plaintiffs also spread out the cost of litigation among them. From the defendant's point of view, one trial or ruling can settle many issues at once. Both parties benefit by combining the case.

The real difference revolves around how individuals are treated when recovering damages. In both types of case, several suits are combined and issues can be proven for everyone in the group. For instance, when a defective product damages everyone in a similar way, the group might show responsibility rests with the manufacturer for all the cases. The amount collected in a mass tort may differ between plaintiffs, depending on what they suffered because of the actions of the defendant. In a class action lawsuit, the damages are usually considered to be similar or the same across the group.

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Is my case a mass tort?

Every mass tort starts with a single individual with a claim. It is only through investigation or publicity that others come forward and join the suit. If you have been harmed, it is best not to wait but to get an opinion as soon as possible.

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Should I contact the company or an attorney when I encounter a harmful product?

Contacting a company directly is likely to get you less than you deserve because they have an incentive to hide their negligence by either denying responsibility or just refunding the cost of the item. Unfortunately, the damage may extend past the purchase price – especially when physical injury resulted. Protection of the public and just compensation depends on someone speaking out. You should contact an attorney for advice on your situation.

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What if I'm not sure?

If you believe you may have suffered harm from a medication, please contact our office and let us give you an opinion. If no one speaks out about a harmful product then nothing happens. The deadline passes and no suit can be filed. This makes it critical for someone to speak up about a drug or product that has injured them.

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Can I sue if I get addicted to a drug?

If the manufacturer has indicated the medication is addictive, it is usually up to your doctor to monitor your use. All drugs have dangers but they may be used when the benefits merit taking the risks. On the other hand, if you physician was unaware of the danger because they were not fully informed by the manufacturer, you may have a case.

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I saw a commercial about a drug that I took and it gave an 800 number to contact a lawyer. Should I just use that service?

The choice is yours. However, many people prefer to have a local attorney advise them on the particulars of their case. By the time an advertisement appears on television, the drug has already generated enough claims that class action status has been awarded and attorneys are collecting clients to get as many as possible. If your injuries were minor, you may not need personal representation. Your best bet is to call and ask us to evaluate your case.

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What should I do if I hear that a medication I am currently taking may be harmful or that it has been recalled?

You should immediately contact the doctor who prescribed the medication and make them aware of it. Do not stop taking it on your own. Only your doctor can advise you on the best medical response and some drugs make cause additional problems if you stop them suddenly. Usually, if there has been a recall, your physician will want to prescribe something to replace what you are taking.

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How can I protect myself or a loved one from getting a dangerous drug?

While there is no method that is 100% sure, your best course is to become an informed consumer. This means you should read all the literature you are given about the drug (either from your doctor or pharmacist) and ask plenty of questions. You cannot rely on information you read on the Internet unless it comes from a trusted source (FDA or other government approved agency).

If you do have reservations about taking any medication, you should ask your doctor why it is being prescribed and if there is an alternative. They know you best and are in the best position to address your concerns.

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I was taking a drug that has been in the news, but I threw it out. Can I still prove I took it?

Your medical records will show what drugs you were on and for how long you were taking them. These records are also available from the pharmacy where you picked them up and may appear in an insurance record if they were billed under a prescription coverage plan.

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