Were You Harmed by a Dangerous Drug?
It can be frightening to learn that a prescription or over-the-counter drug you have been using for many months or years may have been doing you more harm than good.
However, as a consumer, you have the right to hold the drug manufacturer and others accountable and to seek just compensation for the damages you have sustained.
Allow The Driscoll Firm to guide you through the process.
For many years, our law firm has been at the forefront of national defective drug litigation. We have worked with clients from across the country and brought claims on their behalf against some of the world’s largest drug manufacturers.
We are ready to help you, too.
Contact us today to learn more and discuss your case in a free and confidential consultation.
What Is Our Experience with Drug Injury Claims?
When you are pursuing legal action due to a drug-related injury or death, it helps to work with a lawyer who has a deep background in this unique type of litigation.
These are often called “mass tort” cases. This is because they involve many people who have suffered similar harm due to the same defect or wrongful conduct.
Attorney John J. Driscoll has played a leading role in numerous defective drug and other mass tort cases. He has gained invaluable experience with highly complex litigation and worked with clients from throughout the country.
Over the course of his career, John has:
- Brought individual and class-action lawsuits against the manufacturers of drugs such as Vioxx, Yaz, Lipitor, Celexa, Baycol, Fosamax, Ketek, Celebrex, Actos, Pradaxa, Avandia and Byetta.
- Served as the court-appointed lead or co-lead counsel in several drug injury cases litigated in state and federal courts. He has also been named to the plaintiffs’ executive committee in many other cases when lawsuits were consolidated into a multidistrict litigation (MDL) or multicounty (MCL) proceeding.
- Successfully resolved cases through settlement or verdict for thousands of clients, including 422 individuals and families who were part of a $4.85 billion settlement with the manufacturer of Vioxx.
Although a case may be national in scope, John believes it is important to give personal attention to each client our law firm serves. We always strive to pursue our clients’ unique goals and to keep them updated about the status of their case.
What Pharmaceutical Product Claims Are We Now Investigating?
Nearly three billion drugs are ordered or delivered in the U.S. each year, according to the Centers for Disease Control and Prevention.
Although they were approved for the market by the U.S. Food and Drug Administration (FDA), the reality is that many of these drugs harm consumers.
At The Driscoll Firm, we stay at the leading edge of pharmaceutical cases. Currently, we are focusing on claims that involve:
- Blood-Thinning Medications
- Heartburn Medications
Xarelto and Pradaxa are widely prescribed blood-thinning medications that have been linked to severe – and potentially deadly – bleeding events, including excessive gastrointestinal bleeding and hemorrhagic strokes.These drugs are prescribed to prevent blood clots from forming in the lungs (pulmonary embolism) and legs (deep vein thrombosis). They are typically used by people who recently had hip or knee replacement surgery or who suffer from atrial fibrillation (irregular heartbeat) which is not related to heart valve issues.
Because neither drug requires users to follow particular diet restrictions or undergo routine blood testing, they have been marketed as convenient alternatives to warfarin (Coumadin). However, because no antidote exists to counter the active ingredients in these drugs, excessive bleeding events can occur.
A key issue in these cases is whether the manufacturers adequately warned consumers and physicians about the bleeding episodes associated with these drugs.
PPIs are designed to reduce the production of acid made by glands which line the stomach. They are typically used by those who suffer from gastroesophageal reflux disease (GERD) or a stomach ulcer.
However, in early 2016, a study was released which found that people who take PPIs may have a 20 to 50 percent higher risk of developing chronic kidney disease (CKD). The longer the drug is used, the greater the risk, the researchers stated.
Additionally, our firm has assisted clients in cases involving:
Should You Pay Attention to Drug Recalls?
Recalls occur when a safety issue forces a manufacturer to remove a drug from the market. In most cases, companies voluntarily recall the drug or act upon request by the FDA. In rare cases, the FDA orders a recall.
Unfortunately, these recalls happen far too often. In fact, the Archives of Internal Medicine reports that at least one “clinically important” drug recall is issued every month in the U.S.
If you or a loved one is using prescription drugs or over-the-counter medications on a regular basis, you should pay attention to recalls for two reasons:
- Your health – If the drug(s) you are using are recalled, you should consult with a doctor right away to learn about the impact on your health and the availability of alternative medication(s).
- Your legal rights – The effective date of a recall typically starts the running of the statute of limitations, or the period of time you will have to bring a legal claim.
You can keep up to date on drug recalls by going to the FDA website. When a recall is issued, the FDA will provide information about the effective date of the recall, the reasons for the recall, the lots affected and the steps you should take.
Even though you have used a medication that was not recalled, you may still have grounds for a legal claim. Many people suffer harm from dangerous drugs before a recall is issued or without any recall being issued at all.
What Should You Do If Harmed by a Defective Drug?
If you believe that you have suffered harm caused by a medication, The Driscoll Firm suggests that you take the following steps for the sake of your health and your potential legal claim:
- Talk to your doctor – A doctor can provide guidance on whether you should stop taking the medication or switch to a safer alternative.
- Submit a report – By filing a report through the FDA’s MedWatch program, you can help the agency to identify problems with a drug.
- Keep the product – Because it may be used as evidence in your case, you should do your best to store the product, including any attached labels and warnings.
When you are ready to take legal action, contact The Driscoll Firm with delay. Our consultations are always free and confidential. We can answer any questions you have about your legal rights and options.
What Can You Expect When Working with Us?
When you contact The Driscoll Firm, we will seek basic information about your case, including what specific drug you or your loved consumed, when it was taken and what type of side effects and complications it has caused.
We can then begin the investigation of your case, including reviewing your medical records and consulting with highly qualified experts about your case.
The next stage will be to file a lawsuit on your behalf in the appropriate state or federal court. If many other people have suffered the same harm after using the same medication, your claim may be:
- Pursued as a class-action lawsuit – You could serve as a “named plaintiff” or as the member of a class of plaintiffs with similar factual and legal issues involved in their case.
- Consolidated with other claims – A separate lawsuit would be filed on your behalf, but during the pretrial phase, your case may be consolidated with similar lawsuits. These are called multidistrict litigation (MDL) or multicounty litigation (MCL) proceedings.
As we move forward with litigating your case, we will regularly provide you with update letters that are aimed at keeping you informed about the progress in your case.
Our firm works with clients on a contingency fee basis. This means that we will charge you no fees or costs unless we obtain a settlement or verdict for you.
What Type of Drug Injury Claim Can You Bring?
As you pursue legal action based on a drug-related injury, it may help you to understand the type of claim that may be brought on your behalf. Generally speaking, dangerous and defective drug claims fall within three categories:
- Design defects – A drug may contain an active ingredient or other design flaw that makes it inherently dangerous.
- Manufacturing defects – A drug may have become tainted at the facility where it was manufactured.
- Inadequate warning – Even though a company knew that a medication could cause certain side effects or complications, the company may have failed to warn about those dangers on its labeling or may have downplayed those risks in its marketing materials.
A complaint may seek damages based on theories that could include negligence, misrepresentation, false and deceptive trade practice, strict liability or breach of warranty.
The Driscoll Firm will carefully evaluate your situation and provide you with a thorough explanation of the specific defects and legal theories that maybe involved in your case.
What Can You Recover in a Defective Drug Claim?
The goal of a defective drug lawsuit is to make you as “whole” as possible by seeking damages based on your:
- Economic harm – Compensation for your past medical costs as well as all necessary and related medical expenses you will incur in the future due to the harm caused by the medication. You may also seek a recovery of lost income and diminishment of your future earning capacity. If you have lost loved one, you may seek a recovery of the lost services and financial support that he or she would have provided to you and your family.
- Non-economic harm – Compensation for your physical pain and suffering as well as the emotional distress you may have experienced while dealing with the side effects and complications caused by a defective drug.
At some point in your case, the manufacturer may extend a settlement offer to you individually or may make a “global settlement” offer that seeks to resolve multiple claims. Because we know what is at stake for you, we will thoroughly inform you about the terms of the settlement offer in your case and advise you accordingly.
Contact Us Today About Your Drug Injury Claim
The Driscoll Firm is a national leader in protecting the rights of individuals and families who have been harmed by dangerous and defective drugs. We believe that experience makes a meaningful difference for the clients we serve. We are ready to go to work for you.
Contact us today and receive a free consultation.