Defective Drugs Lawsuits - Frequently Asked Questions

For individuals who have been harmed as a result of defective drugs, the legal system is there to help. If a medication is found to have harmful side effects, a lawsuit can be filed against the drug company. Below are some of the most frequently asked questions about defective drug lawsuits.

What are some examples of the medications determined to be defective?

Vioxx, a medication used to treat arthritis, has been found to cause serious ulcers and heart attacks. Another example is that of Yaz, a form of oral birth control for women. This drug has been found to be a large contributor to a long list of serious side effects including heart attack, stroke, and deep vein thrombosis.

When a medication is the cause of a large class action lawsuit, does it have to be taken off the market?

No. The company that supplies Yaz, for example, is in litigation, but the product has not been taken off the market. They did, however, release a revamped campaign with a more advanced warning regarding possible side effects of the medication.

What actions can be taken if a person suffers as the result of a defective drug?

If you feel that the medication you have been prescribed is causing or has caused a serious side effect that will leave lasting damages, you should seek the legal advice of a class action attorney who can help you file a lawsuit against the drug company that manufactures that medication. You might also be able to join an ongoing class action lawsuit, if one exists, which will save you legal expenses.

Who are lawsuits filed against?

Most cases would be filed against the drug manufacturers. However, if a medication that was known to be dangerous, especially if you were a high risk candidate, was prescribed to you, you might have a medical malpractice case against the medical professional who wrote the prescription.

Why hire an attorney?

It is always wise to hire a personal injury attorney when you undergo legal proceedings, but in this instance, it is of even greater importance as the company that you will face off against is likely well equipped with knowledgeable lawyers working just for them. An experienced attorney can tell you if the case is worth pursuing, how to move forward, what settlement range can be expected, and provide a timeline of events to come.

Will the case go to trial?

Many of the companies that are sued in these cases avoid courtroom trials simply to save the time and money that can quickly become wrapped up in such matters. Therefore, typically you can expect that your case will settle out of court. However, if a resolution regarding the deserved retribution cannot be reached, you may have to go to trial.