Dangerous Drugs & Defective Medical Devices Claims in CA
We trust prescription drugs and medical devices to improve our health. Unfortunately, defects in the manufacturing, faulty warning labels and unanticipated side effects can cause patients serious harm. Our team of personal injury lawyers at Martinian Lawyers are passionate about representing victims of defective pharmaceutical drugs as well as dangerous medical devices.
Do I Need a Los Angeles Dangerous Drug Attorney?
If you have been seriously injured or suffered harm due to the use of a dangerous drug, it is crucial that you seek the assistance of an experienced dangerous drug injury attorney in Los Angeles. These attorneys specialize in representing clients who have been wrongfully harmed or injured by dangerous drugs and can help you navigate the complexities of the legal system. With their legal expertise and knowledge, they can help you obtain the compensation you deserve for your injuries, medical expenses, and other damages.
If you or someone you love was harmed by a defective drug in CA, be sure to call (323) 850-1900 or fill out an online form and speak with our Los Angeles dangerous drugs attorneys about your case today!
What are Dangerous Drugs?
When it comes to personal injury lawsuits, a “dangerous drug” is any pharmaceutical drug that causes serious injury instead of working as intended. Dangerous drugs are medications that pose unreasonable risks to patients. This could be due to negligence in designing, manufacturing, or marketing the drug. These drugs may contain defects in marketing, labeling errors, tainted ingredients, contaminants, manufacturing mistakes, design errors, or risks that outweigh the benefits.
Risks of Dangerous Drugs
Taking a dangerous drug can result in serious side effects, health complications, or even death. It is essential to be aware of the potential risks associated with any medication that you consume.
Be Informed About Your Medication
Stay informed about the medications that you are taking. Do your research and read labels carefully. Understanding the risks associated with the medications you take is essential for your health and safety. If you suspect that you have been harmed by a dangerous drug, seek legal counsel immediately. Your health is the most important thing.
Take Action
If you or someone you know has been injured by a pharmaceutical drug in California, it’s important to understand your rights and options. A personal injury lawsuit may be able to help you recover compensation for your medical expenses, lost wages, and pain and suffering.
Dangerous Drug Cases We Handle
Among the many types of pharmaceutical and medical device cases we are open to taking on, our firm emphasizes representation for the following:
- Januvia – This type 2 diabetes prescription has been connected to conditions such as pancreatitis and pancreatic cancer. These are the most severe side effects, and if not treated properly, could result in death. Januvia is the brand name of the drug sitagliptin.
- Byetta – This is also a type 2 diabetes medication. It has a potential link to kidney problems in addition to pancreatitis and other serious diseases. Byetta is the brand name of the drug exenatide.
- Mirena IUD – This is a form of birth control that is implanted in a woman’s uterus, hence IUD (intrauterine device). It is manufactured by Bayer Pharmaceuticals, and while it is 99 percent effective at preventing pregnancy, many women suffer side effects such as perforation and PID.
Lawsuits are currently being filed around the United States over these products’ connection to serious adverse side effects.
Who Can Be Held Liable for a California Dangerous Drug Injury?
There are several parties who could be held liable for a dangerous drug injury in California, depending on the circumstances of the situation. The defendants in dangerous drug and medical device cases are most commonly the drug or product manufacturer.
However, the following parties could be held liable in a dangerous drug injury case:
- Drug/Product Manufacturers: As mentioned above, this is the most common defendant in a drug injury case. If a drug manufacturer designs, manufactures, markets, or distributes a drug that causes harm to a patient, they can be held liable for the sustained injuries. The drug or product manufacturer has a duty to ensure that the drugs they produce are safe and free from defects.
- Doctors and Hospitals: In some cases, your physician may be held partially responsible for your injuries if they prescribed you a drug or medical device that they should have known was dangerous for you. Doctors have a duty to conduct thorough patient counseling to learn the patient’s medical history, prescribe medications that are appropriate for the patient’s medical condition, understand what substances they have a sensitivity to, and take into account any other medications they are taking. Pharmaceuticals and medical devices should have extensive warning labels to warn not only of the known risks, but warn who should and should not use the product.
- Pharmacists: Pharmacists have a duty to fill prescriptions accurately and provide proper medication counseling to patients. If they make an error that leads to a patient’s injury, they could be held liable.
- Distributors and Retailers: These parties could be held liable if they sell a drug that is known to be dangerous and fail to warn patients or healthcare providers of the risks associated with the medication.
- Government Agencies: In some cases, government agencies that regulate drugs, such as the FDA, could be held liable if they fail to properly regulate a drug or approve a drug that is known to be dangerous.
Lawsuits Against Drug & Product Manufacturers
Some examples of major pharmaceutical companies that have had lawsuits filed against them include:
- Bayer Pharmaceuticals
- Merck & Co.
- Johnson & Johnson
- Amylin Pharmaceuticals
Proving Liability in a Product Defect Case
Product liability, particularly when the cases involves drugs and medical devices, differs from your average personal injury case. There are three major types of liability in these cases: manufacturing, design and marketing defects. It is common for medical and drug injury cases to involve marketing defects, also known as “failure to warn.” There are very strict warnings for medical marketing. The advertisements must be age appropriate and not overstate the benefits or understate the risks. The drug or device’s actual warning label must also be accurate, and fully detail all the known side effects.
What Compensation Is Available for a Dangerous Drug Lawsuit in CA?
There are several types of compensation available to you when you are considering filing a dangerous drug lawsuit in California. Depending on the circumstances of your case, below are the most common types of compensation that may be awarded in a dangerous drug lawsuit:
- Economic damages: These compensate you for out-of-pocket expenses related to your drug injuries (medical bills, lost wages, and other expenses related to your treatment and recovery).
- Non-economic damages: These are damages that compensate you for non-financial losses like pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive damages: A court may award punitive damages if it determines that the drug company’s conduct was particularly egregious or reckless.
- Wrongful death damages: You may be able to file a wrongful death lawsuit seeking compensation if a loved one died as a result of a dangerous drug injury to compensate you for their medical expenses, funeral expenses, and other losses.
Harmful Side Effects of Dangerous Drugs
No injury from dangerous prescription drugs should be ignored. Every individual who has suffered harm from defective medication should receive appropriate attention, regardless of the severity of their injuries.
Some of the side effects one may experience as a result of defective or dangerous drugs include:
- Intense pain
- Internal bleeding
- Loss of sexual function
- Kidney failure
- Internal organ trauma
- Heart attacks
- Stroke
- Cancer
- Wrongful death
How To Start Your Dangerous Drug Claim in Los Angeles
You may be entitled to compensation if you or a loved one are suffering injuries as a result of using a dangerous drugs in California. The steps to begin filing your dangerous drug claim in LA are as follows:
- Consult with a drug injury lawyer: The first step is to consult with a Los Angeles drug injury lawyer who has experience in dangerous drug cases. They can assess the details of your situation, explain your legal options, and provide guidance on how to proceed.
- Gather evidence: Your lawyer will need evidence to support your claim, which can include medical records, prescription records, receipts, and any correspondence with the drug manufacturer.
- Identify the liable parties: Your lawyer will help you identify the parties responsible for your injuries, which may include the drug manufacturer, distributor, or prescribing doctor.
- File a claim: Your lawyer will file a claim with the responsible parties, outlining the details of your injuries and seeking compensation.
- Negotiate a settlement: In many cases, the responsible parties will offer a settlement to avoid going to court. Your lawyer will negotiate with the parties to ensure you receive fair compensation for your injuries.
- Litigation: If a settlement cannot be reached, your lawyer may file a lawsuit on your behalf. They will represent you in court and present your case to a judge or jury.
Pharmaceutical Mass Tort Litigation in Los Angeles
In most medical device and drug injury cases, plaintiffs are grouped together into what is called a “mass tort.” Mass torts are the common method for litigating product liability cases, because typically there are many victims who are all 1) suffering from the same or similar side effects and 2) filing lawsuits against the same company.
The Los Angeles dangerous drug lawyers at our firm are extremely experienced in mass tort litigation, and have proven effective in the past. If you believe that you have a case, please do not hesitate to call and speak with us today. We will provide a free case evaluation so that you can learn your rights.
Don’t hesitate to reach out to our Los Angeles dangerous drug attorneys if you or someone you know has been harmed by a dangerous drug. Contact our national dangerous drug law firm, Martinian Lawyers, now!
