We file lawsuits against pharmaceutical companies and medical device companies when a person is harmed by medicine or a product that was supposed to improve their quality of life. Many of these lawsuits result in substantial settlements for our clients.
What are the Legal Requirements for Suing a Pharmaceutical or Medical Device Company?
To successfully sue a pharmaceutical company or medical device company, there must be proof that a person suffered serious injury or death due to an undisclosed risk of a medicine or the improper design of the device.
Many lawsuits involve the failure to warn a patient and their doctors of a serious side-effect or complication of a drug or medical product.
What is a Dangerous Drug Lawsuit?
A “dangerous drug lawsuit” is a phrase referring to cases filed in court against pharmaceutical companies and drug manufacturers for harm caused by the medication. These cases can be filed as an individual case for one person, but are often filed as class action lawsuits for a large group of people.
A person injured by a medication can join the class action lawsuit and make a claim for a settlement with the help of a lawyer.
What is a Defective Medical Device Lawsuit?
A “defective medical device lawsuit” is phrase referring to cases filed in court against manufacturers for harm caused by a medical device failure that led to serious injury or death.
These are also referred to as “product liability cases,” which is another legal term for lawsuits filed against medical device companies that design, produce, and sell defective products.
What is a Class-Action Lawsuit?
A “class action” lawsuit is one in which a group of people with the same or similar injuries sues one defendant as a group. The sheer number of potential plaintiffs makes it easier for both the parties and the courts to litigate these types of cases.
Class action lawsuits are often filed with the help of an attorney in cases alleging injuries caused by a dangerous drug or defective medical device.
What is Needed to Win a Dangerous Drug or Medical Device Lawsuit?
To win a lawsuit against a pharmaceutical company or medical product company, it must be proven in court that:
1. The specific drug or device was used by the consumers during a specified time frame. Medical records, pharmacy records, and surgery reports are used to prove this requirement.
2. The persons suffered the “signature injury,” or type of complication that is asserted in the lawsuit. Typically, a case is only filed when a large number of people have the same or similar injury. Again, medical records are used to prove the type of injury or harm.
3. The persons suffered damages as a result of the harm caused by the drug or device. Damages can include pain and suffering, disability, lost wages, and medical expenses. In cases involving death, damages can be awarded under the wrongful death laws.
Every person in the class-action lawsuit must prove their own individual claim in order to qualify for a settlement, which is why working with a skilled lawyer is so important.
The power of a large number of plaintiffs puts pressure on the defendant to settle the lawsuit if even a few plaintiffs win their early trials against the companies. These early lawsuits are referred to as “Bellwether Trials” and set the tone for future negotiations between the parties based upon their results.
Settlements in Dangerous Drug and Medical Device Cases
The settlement amount for each person participating in the lawsuit depends on a number of factors. These include the type of injuries suffered, whether a person has satisfied the case criteria, the number of people in the lawsuit, and the total amount of the settlement.
Many lawsuits have classifications and systems for grading the factors for each lawsuit participant and then assigning a dollar settlement amount based upon those various factors, all of which can be explained by an attorney.
The amount that an individual plaintiff will receive is not determined until after the pharmaceutical company has agreed to pay a specific total settlement amount.
Cost to File a Lawsuit
It will cost you no money to get started on your case.
Our attorneys do not charge any legal fees to file your device lawsuit or add your claim to an existing class action lawsuit.
You will not be charged any legal fees unless you receive a settlement and our fees will be deducted from your settlement amount. We will also pay all of your case costs and expenses.
If your claim is unsuccessful for any reason, you owe us nothing.
Who are the Best Lawyers to File Dangerous Drug and Medical Device Lawsuits?
Drug Lawsuit Source is a resource provided by Buckfire & Buckfire, P.C. — a highly respected law firm for more than 50 years. Our lawyers help people who have been injured or harmed by dangerous drugs and defective products by filing lawsuits to demand compensation. We have a great track record of successful settlements and jury verdicts.
Our attorneys have the highest possible rating in the legal profession for both skill and integrity. We have been named a Super Lawyers, Top 100 Trial Lawyers and Best Personal Injury Lawyers. We represent our clients with dignity, respect and compassion. We will do the same for you.
We also team up with other top law firms throughout the United States. This means you will be represented by a top legal team with a history of successful settlements and jury verdicts.