If you have been injured by a prescription medication, you might be owed substantial compensation by the drug manufacturer.
If you want an attorney to investigate a defective drug claim on your behalf, you should contact an attorney right away. Because defective drug cases can be difficult to prove, consider hiring an experienced attorney. Considering hiring us. The attorneys at Linville Law Group have helped thousands of injured people hold accountable the drug companies that place dangerous and defective products on the market.
How can I sue if the FDA approved the drug that injured me?
Although the United States Food and Drug Administration (usually called the FDA) approves many medications for sale in the U.S., FDA approval is not a guarantee that the medication is safe and effective. Drug companies sometimes sell medications that were improperly manufactured, contaminated, or have side effects that the company concealed or failed to investigate. Selling a defective drug breaks the law, and the courts have the power to hold drug companies accountable. However, the individuals or families injured by the defective drugs must first speak up by filing a lawsuit in court. When injured people prove their cases in court, judges and juries can right the wrongs of the drug companies by ordering them to pay compensation to the victims or to pay fines. Defective drug lawsuits can motivate the FDA to change the regulations pertaining to the defective drug or pressure the manufacturer to take the drug off the market, preventing future injuries.
Does my doctor have to be involved?
Your doctor is not responsible for the wrongful conduct of a drug company. Usually, doctors do not have any knowledge that the medications they prescribe are defective. Most defective drug lawsuits are about information that the drug company refused to disclose to doctors. Unless a defective drug case is set for trial, the doctor who prescribed the drug will not be involved. However, if the case goes to trial, your prescribing doctor may be asked to testify as a witness. Anyone with firsthand knowledge about a case can be a witness and is not necessarily a party to the lawsuit.
What is the time limit for filing a defective drug claim?
There are time limits for filing a lawsuit in court that vary from state to state and from claim to claim. This kind of law is usually called “the statute of limitations,” as in, time limitations. The laws that create the time limits for filing lawsuits are complex, and there is rarely a clear answer when it comes to defective drug claims. Instead of trying to figure out the answer for yourself, you should consult a licensed attorney, particularly an attorney with experience handling defective drug lawsuits. Even if you think too much time has passed, there may be an extension or exception in the law that only an experienced attorney could find.
What about a settlement?
Sometimes drug companies offer to settle out of court by offering the injured people monetary compensation. If the drug company offers a large settlement to compensate many victims, there may be short, strict deadlines to prove the claim. Proving a defective drug case is not easy or quick. It is highly recommended that you consult an attorney regarding the possibility of a settlement.
The attorneys at Linville Law Group have a great deal of experience in evaluating defective drug claims. Call us today to schedule a free consultation: (888) 800-1784