Every year, thousands of medical devices and pharmaceutical drugs are recalled by manufacturers or the FDA. Unfortunately, many recalls are reactionary – they happen after the products cause consumers to become injured or sick. If you’ve been injured because of a defective medical device or pharmaceutical drug, you may have the right to take legal action. This is true even if the drug or device was recalled.
At Bailey Glasser, LLP, we’ve represented clients in drug and medical device litigation matters since our founding in 1999.
Pharmaceutical companies and medical device manufacturers might believe they’re above the law, but our experienced trial attorneys are dedicated to holding them accountable when our clients suffer needless injuries, illnesses, and deaths.
We’ve won millions of dollars in life-changing compensation for victims of defective drugs and medical devices in the process.
We’re ready to help you achieve the best possible results in your drug and medical device lawsuit. To get started, or to simply learn more about the benefits of working with our firm, contact us to set up a free consultation. We represent clients nationwide, and have offices conveniently located in 14 states and Washington D.C., to better serve you. Give us a call to set up a time to speak with a member of our team today.
How Did I Get a Defective Drug or Medical Device?
It can take years between when a medical device or drug is first conceived and when it’s finally permitted to be sold on the market by the Food and Drug Administration (FDA).
Since there’s no way for the FDA to independently test and verify every drug and device for which approval is sought, it’s up to the drug and medical device companies to make sure that their products are safe.
Unfortunately, since these companies only make money when their products are sold and used, there’s an incredible incentive to rush the product to the market, often by cutting corners and taking risks. Companies might not perform necessary safety tests. Others might not conduct testing that appropriately exposes potential risks associated with a product’s other. Others might manipulate data or conceal trial results that could hurt the timeline for the product’s release.
Loopholes in the FDA approval process – or the FDA clearance process for medical devices – can make it easy for companies to get potentially dangerous products on the market. For instance, a company can get clearance for a medical device as long as it can show that it’s just as safe as a product that’s already on the market – even if that product is decades old and was never proven to be safe itself.
Product Liability Laws Protect You If You’ve Been Injured Because of a Defective Medical Device or Drug
States have product liability laws in place to protect consumers who are injured or lose family members because of unreasonably dangerous or defective products.
When a prescription medication, over-the-counter drug, or medical device is defective, the company behind it can be financially responsible for the consumer’s resulting injuries.
Through drug and medical device litigation, injured consumers can seek compensation for:
- Revision surgery
- Physical therapy
- Ongoing medical treatment
- Lost wages and income
- Reduced earning capacity
- Reduced quality of life
- Loss of consortium
- Chronic physical pain
- Emotional distress
- Out-of-pocket costs
- Funeral expenses
If there’s evidence that a drug company or medical device manufacturer acted intentionally, fraudulently, or with gross negligence, a jury might find that punitive damages are appropriate, as well.
There’s a limited time to file a product liability lawsuit after you’ve been injured because of a dangerous medical device or drug. State laws vary, but the statute of limitations typically ranges between one and six years. Many states also have statutes of repose, which sets a ceiling on all product liability claims, even if an injury hasn’t been discovered.
Many Defective Drug and Medical Device Cases Become Mass Torts and Class Actions
Pharmaceutical drugs and medical devices have the potential to be used by millions. If a device or drug is defective, the potential for harm is quite high. In cases where several people suffer similar injuries or damages because of a specific problem with a medical device or drug, their cases might transform into mass torts or class actions.
Class actions involve a single lawsuit in which a single plaintiff or small group of plaintiffs file a lawsuit against a medical device or pharmaceutical company on behalf of a class of victims. There’s a single result, and everyone in the class shares in the award (or loss).
A mass tort, on the other hand, involves the consolidation of several cases – sometimes thousands – into a legal proceeding (known as multidistrict litigation, or MDL) that’s overseen by a singular judge. Each plaintiff maintains their own separate legal action against a drug company or manufacturer, but shares resources, discovery, and information with the other plaintiffs. Everyone has their opportunity to have their day in court – and to get their own individual result.
In either case, it’s important to work with an attorney with extensive experience handling mass tort and class action lawsuits. These are subject to different rules, procedures, and laws than other types of personal injury matters.
20+ Years of Experience in Drug and Medical Device Litigation
At Bailey Glasser, LLP, we’ve been successfully representing clients in mass tort and class action matters across the nation for more than 20 years.
We have the experience, resources, and in-depth knowledge of state and federal law that you’ll need to make your case a success.
Don’t hesitate to reach out to our law office to arrange a time to discuss the details of your drug or medical device injury lawsuit. Your first consultation is confidential and 100 percent free, so contact us to get started today.