Dangerous Drugs
In the quest for faster, better, and more powerful medications, companies may sometimes be pressured by profits to overlook or underestimate the harm medications can cause. Modern pharmaceutical marketing is partially about getting a product to consumers as quickly as possible. This is important because there are limits on how long a company can hold patent rights – eventually, their product will “go generic” and profits will fall precipitously.
Generally, our protection lies with a knowledgeable physician who understands the possible consequences of the drugs they prescribe. Unfortunately, physicians may have to rely on incomplete information or studies that do not reflect the larger population who eventually get the medication.
This is why it may take a year or more for the dangers of some drugs to become evident. Although they have been studied and tested, there is no test as good as having a large number of patients taking the drug on a regular basis. It seems that suddenly, a trusted pharmaceutical is revealed to carry too much risk – the side effects and adverse reactions can actually be more harmful than the original condition.
The examples are too many to list, but a sample shows how prevalent these lawsuits can be: Avandia, Accutane, Byetta, Phen-fen, Fentanyl Patch, Fleet Phospho Soda, Levaquin, Premarin, Reglan and Zycam are just a few that skip through the alphabet.
Do I have a case?
A class action case (or a mass tort) is similar to any other negligence case. Proving responsibility and harm are the two prongs of a successful suit. If you have suffered a major adverse event from a pharmaceutical, both elements will have to be shown. Generally, because such cases involve a great many people in similar circumstances, efficiency is increased (and costs lowered) when the cases are combined. However, this is not always so – if your injuries were particularly severe, a separate action might be the right course of action.
Only a lawyer familiar with the issues can give you proper legal advice, but waiting to act can cost you. Why? Because the usual course is to set up a test case where the issues come to trial and the results of that determine what action (if any) a company will then take to minimize the amounts they pay in similar cases. Only by preserving medical records and taking timely action can the best result be achieved.
Other types of adverse events:
An insurance coverage attorney will examine several areas of a case to determine if a lawsuit is warranted. Among these are:
- Medical devices can also fall under lawsuits when they either fail or cause harm to those who use them – and example would be the Kugel Mesh hernia patch.
- Sometimes, a medication is generally safe, except when it is combined with certain conditions or other drugs.
- It may not be the active drug at issue but rather an improper formulation – one that leads to “dose dumping” or the opposite, where no active medication is absorbed at all.
- Mis-prescribing falls under medical malpractice, not manufacturer negligence.
- A mistake at the pharmacy level also falls under malpractice, but instead of a doctor being held responsible, the pharmacist or parent chain will be held liable.
We speicalize in Dangerous Drugs Cases
Neuhardt Law, Located in Billings, Solomon Neuhardt practices injury and negligence law. He will be able to negotiate on your behalf whether you are joining a mass tort (class action) or pursuing a direct claim for an adverse drug reaction. Sol will work to establish the facts of the case and help you decide how best to proceed.
Because there may be multiple responsible parties (doctor, pharmacist, manufacturer or other) it’s likely that the matter will require an understanding of what can be proven in court and who has an interest to settle. The liability insurance company can even decide to settle if their policy holder does not. Companies know that average settlements are three times higher when an attorney is involved. The stronger the case, the more likely they will resolve the issue out of court. In fact, about 90% of claims are settled without a formal court proceeding.
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Solomon Neuhardt has been representing individuals against insurance companies for years. Get your FREE copy of this book and benefit from Sol's experience. This is a light and humorous read and a definite eye-opener on the best practices of insurance companies.
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Neuhardt Law Firm, P.C.
945 Broadwater Square
Billings, Montana 59101
P.O. Box 2275
Billings, Montana 59103
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