how to find a good lawyer to sue a pharmaceutical company

Find out whether you have a case by speaking to one of our experienced pharmaceutical attorneys at (800) 315-3806 or submit an email inquiry. Our pharma lawyers will be quick to respond and happy to answer all of your questions. Pharmaceutical Lawsuits

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Can I sue a pharmaceutical company for negligence?

Can I sue the pharmaceutical company? Well, yes, you can. The manufacturer can be held liable. The problem is that these lawsuits take quite a long time, because monitoring the damage that these drugs cause can be over a span of months, if not years or even decades.

What kind of lawyer do I need to sue a drug company?

A defective drug lawyer would be the best bet. Avvo has a great "find a lawyer" tool to locate a local lawyer. You would want a personal injury attorney who handles pharmaceutical cases. You would need to make phone calls to personal injury attorneys to see who handles this...

Can I file a lawsuit against a drug manufacturer?

So, primarily after the FDA has approved a drug, people are prohibited from filing a lawsuit against a drug manufacturer.

Can I Sue my pharmacy or doctor for prescription drug injuries?

You are allowed, however, to sue your pharmacy or your doctor if you were prescribed a hazardous or dangerous drug that caused you a loss or endangerment. A medical malpractice lawsuit and a drug lawsuit are distinctly different.

Is it possible to sue a pharmaceutical company?

A class action lawsuit against a pharmaceutical company can result in a significant financial return for your injury or loss. If you've been harmed by a prescription or over-the-counter medication, there may be a class action lawsuit for you.

Can you sue a pharmaceutical company for side effects?

Can I Sue A Pharmaceutical Company? If you were injured or became seriously ill because you took a drug that failed to warn you of its potential side effects, you may be able to hold the manufacturer liable for damages.

What is the biggest pharmaceutical lawsuit?

Glaxo's $3 billion settlement included the largest civil False Claims Act settlement on record, and Pfizer's $2.3 billion ($3.5 billion in 2022) settlement including a record-breaking $1.3 billion criminal fine....List of largest pharmaceutical settlements.Year2004CompanyPfizerSettlement$430 millionViolation(s)Off-label promotionProduct(s)Neurontin21 more columns

What do Pharma lawyers do?

Pharmacy law attorneys act as legal counsel for pharmacies, manufacturers and wholesalers to ensure these clients comply with all applicable state and federal rules and regulations.

Who should be held responsible for adverse drug reactions?

Drug manufacturers are responsible to warn potential consumers of side effects to their products. This applies to side effects of which the company is aware or should reasonably be aware.

Can you sue if a drug is FDA approved?

If you've had side-effect injuries after taking an FDA-approved drug for off-label use, you may be able to sue. Whether you can sue depends on the specifics of your unique case. But if it's a case where a drug maker illegally promoted their product for off-label use and you were hurt, the manufacturer may be liable.

Which pharmaceutical company has paid the most in fines?

Pfizer has often been reported as paying the largest criminal fine in history - with the pharmaceutical company falling foul of US regulators in 2009.

How many pharmaceutical lawsuits are there?

Largest Recent Pharmaceutical Lawsuits In the nearly three decades from 1991 to 2017, pharmaceutical manufacturers settled 412 cases with federal and state governments, paying a total of $38.6 billion for everything from false advertising to withholding knowledge of proven side effects.

Can generic drug companies be sued?

In the context of Federal Pre-Emption, generic drug manufacturers cannot be sued for defective design of their product, nor can they be sued for failing to provide adequate warnings of risks that are associated with the drug. Generic drug makers therefore enjoy immunity from lawsuits.

Do pharmaceutical companies need lawyers?

Pharmaceutical, medical device, and life sciences clients have wide-ranging legal needs—from litigation matters and corporate transactions to intellectual property and regulatory compliance issues.

What is pharmaceutical law?

Pharmaceutical laws concern the creation, selling, distributing, and using of pharmaceutical drugs. These laws protect the intellectual property rights and patents of companies' pharmaceutical research and discoveries.

Can a pharmacist become a patent attorney?

A baseline knowledge of science is essential and, while most life science patent attorneys have a chemistry or biology background, I think a pharmacy background is very well suited to a career as a patent attorney.

How to contact a pharmaceutical lawyer?

Find out whether you have a case by speaking to one of our experienced pharmaceutical attorneys at 1-800-988-8005 or by submitting a confidential email inquiry (see form on the right-hand side). Our pharma lawyers will be quick to respond and happy to answer all of your questions.

What happens if you are injured by a drug?

If you or any member of your family have been seriously injured as a result of a dangerous drug or defective medical device, and have suffered from adverse effects, you may be entitled to compensation.

How to contact Levy Konigsberg?

For more information about the law firm's practice areas please contact Levy Konigsberg LLP at 1-212-605-6200 or 1-800-988-8005, 24 hours a day, 7 days a week.

Do drug manufacturers have a duty to warn about dangerous side effects?

Drug and medical device manufacturers have a duty to provide warnings about dangerous side effects of their products and not sell or market products ...

How to win a pharmaceutical lawsuit?

Pharmaceutical drug lawsuits are typically established on the basis of personal injury. In order to win your case, you’ll need to prove that you suffered from an injury and that the injury was connected to or caused by: 1 Defective manufacturing 2 Dangerous side effects 3 Improper marketing

What is a pharmaceutical drug lawsuit?

Pharmaceutical Drug Lawsuits. Pharmaceutical drug lawsuits are typically established on the basis of personal injury. In order to win your case, you’ll need to prove that you suffered from an injury and that the injury was connected to or caused by: Defective manufacturing. Dangerous side effects.

Why are class action lawsuits so common?

That’s why class action lawsuits are one of the most common types of pharmaceutical lawsuits. Faulty drugs often affect large groups of people, so it’s more cost-effective if these groups combine their resources to bring one lawsuit against the manufacturer.

What is a product liability attorney?

During your consultation, an experienced product liability attorney will review your situation and determine if you have a valid case against the drug company. If so, your attorney will weigh the benefits of a class action lawsuit versus an individual claim in order to pursue the best-possible compensation for your recovery.

What to do if you have been wrongfully injured?

If you have been wrongfully injured as a result of a defective product, contact our legal team right away. Waiting to seek legal representation can prevent you from filing a claim and receiving the compensation you deserve.

What happens if you are not warned of a drug?

If you were warned and chose to take the drug anyway, your lawsuit will not have any merit.

How to include all defendants in a pharmaceutical product liability lawsuit?

To include all defendants in a pharmaceutical product liability lawsuit, consider everyone in the path of distribution the drug takes from its origin to the patient :

Who is responsible for recommending a drug that injures patients?

The Pharmaceutical Salesman - Pharmaceutical producers often retain independent sales representatives to promote and sell new drugs and to suggest to health care providers selling points on their benefits. Such salesmen also may be liable for recommending a drug that injures patients.

What are the three categories of product liability?

There are three categories of pharmaceutical product liability claims: Claims for defective manufacture, Claims for unreasonably dangerous side effects, and. Claims for improper marketing. In the first category, the defect may be the result of negligence or other error at the factory that made or the pharmacy that dispensed ...

What is the second category of claims?

The second category of claims involves pharmaceutical drugs with harmful side effects, sometimes drugs on the market for long periods time before discovery of their risks. In some cases, plaintiffs allege manufacturer knowledge and deliberate concealment of the risks.

What happens if you prove improper marketing of a drug?

Claims of improper marketing of pharmaceutical drugs concern the directions, instructions, or recommendations for use and the warnings about any dangers of the drug.

Can a defective product lawsuit be combined?

Defective pharmaceutical product lawsuits may combine multiple claims. A claim of unreasonably dangerous side effects may combine with one for failure to warn about them. Each claim may be against a different defendant.

Is prescription medicine dangerous?

Prescription drugs are figuratively double-edged swords, highly beneficial for treatment of medical problems yet seriously harmful to patients susceptible to injury from their side effects and sometimes dangerous generally when manufacturers cut safety corners to rush them onto the market without sufficient testing for precautions to prevent unnecessary risks. For any illness or injury caused by any type of prescription medication, the experienced pharmaceutical litigation team of attorneys at The Doan Law Firm (Doan) can help.

What are the types of class action lawsuits against pharmaceutical companies?

There are three main types of class action lawsuits against pharmaceutical companies: 1. Failure to warn/improper instructions on medications. In a drug lawsuit, a "failure to warn" is when the labeling on a medication bottle does not properly convey to the end consumer (i.e., the patient) what his or her instructions should be, ...

When the plaintiff is aware of the risk involved in using a drug, uses the product anyway?

When the plaintiff is aware of the risk involved in using a drug, uses the product anyway, and becomes injured as a result, that plaintiff can be prevented from recovering damages. This comes down to the plaintiff's state of mind and whether he clearly disregarded the danger of using the product.

Why is the discovery rule so difficult?

This can be very difficult in defective drug cases because the plaintiff doesn't notice a problem for months or years. The statute of limitations begins to toll when the plaintiff reasonably knew or should have known there was a problem. This is called the "discovery rule.".

What are the bad things about drug design?

2. Drug design defects. Bad drug design defects include dangerous side effects, such as nausea, dizziness, vertigo, vomiting, etc. This is when the medication was manufactured correctly, but the side effects outweigh the potential benefit and cause harm to the end user. 3.

Can you sue a drug manufacturer?

Well, yes, you can. The manufacturer can be held liable. The problem is that these lawsuits take quite a long time, because monitoring the damage that these drugs cause can be over a span of months, if not years or even decades.

Can a court have hundreds of plaintiffs?

Courts don't like to have hundreds of individual plaintiffs for the same type of case, so they consolidate the cases and have one or more plaintiffs represent them all. This is the current list of active medication lawsuits, and many of these cases have been dragging on for a very long time.

What to do if you have a drug side effect?

If you have endured a dangerous side effect or illness due to a drug, seek the professional help and counsel of a personal injury attorney in Atlanta as soon as possible. Save the receipts, pill bottles, and medical records. You will need to establish and prove the injury or harm you suffered as a direct result of taking the drug.

What is medical malpractice?

A lawsuit due to an injury or illness caused by the negligence of the doctor that prescribed the medications is considered to be medical malpractice. If a patient can confirm or prove the negligence of the doctor was the direct cause of the illness or injury, the patient may expect compensation for his or her losses.

What is the duty of care of a pharmacist?

A legal duty of care is the responsibility of the pharmacist. The doctor and the pharmacist should work together to be certain that a drug prescribed will not injure or do harm to the patient. The pharmacist and doctor are responsible for working together to make sure a prescribed drug will not damage the patient.

What is the responsibility of the FDA?

The United States Food and Drug Administration has the responsibility of protecting the health of the citizens by regulating drugs, medical devices, vaccines, cosmetics, and gene therapies. Along with that, the FDA is responsible for animal medications and animal feed.

Is the FDA sovereign immunity?

One would assume after approving a dangerous drug or over-the-counter medicine that caused impairment to you or a family member that filing a negligence lawsuit would be an option. The FDA has sovereign immunity as it is a government agency.

Can a pharmaceutical company be sued?

Pharmaceutical Drug Companies. Before 2013, a pharmaceutical company or a drug manufacturer could be sued. Any serious side effects, injuries, illnesses, or deaths would mean a lawsuit. Countless millions of dollars were paid in drug lawsuit settlements.

Can you sue a drug manufacturer?

You are forbidden to filing a lawsuit against a drug manufacturer or the Food And Drug Administration. You are allowed, however, to sue your pharmacy or your doctor if you were prescribed a hazardous or dangerous drug that caused you a loss or endangerment.

What Does the Supreme Court Say?

In 2013, the Supreme Court made a ruling that declared an individual can no longer sue a pharmaceutical company once a drug has been approved by the FDA. This is even if a drug is found to harm the users of the medication.

Can You Still Recover Damages?

Yes. There are still a variety of ways that you can recover damages if you suffer serious side effects.

What Are Common Medications in Pharmaceutical Lawsuits?

You can research some of the common medications that have had the most pharmaceutical lawsuits brought against them.

Eliot M. Wolf

Generally allergic reactions are not the fault of the pharmaceutical company but if damages warrant speak to defective products counsel.

Lars A. Lundeen

A pharmaceutical company can be sued. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property.

Justin M Crozier

Maybe, but maybe not. There are a lot of considerations, did they give you the wrong medication? Did the Dr. or pharmacist know.should have known that you would have an allergic reaction? Is the medication wrongly designed so that anyone who takes it would have that kind of reaction? and on, and on...

Why did drug companies pay out millions to plaintiffs?

The litigation was complex and expensive because of how difficult it is to show epidemiological cause and effect in these cases . Eventually, some drugmakers decided to stop making vaccines altogether.

What happens after a special master's decision is issued?

After the special master's decision has been issued, the claimant can accept the decision, decide to file an appeal, or reject the decision and file a claim in civil state court.

Can a pharmaceutical company be sued for a product liability lawsuit?

When most drugs cause harm, the pharmaceutical companies that make them can be sued in product liability lawsuits. But that isn't the case with vaccines. In 1986, Congress passed a law that protects vaccine manufacturers from being sued in civil personal injury and wrongful death lawsuits resulting from vaccine injuries.

How much did Bayer pay for the lawsuit?

Bayer paid more than $8 million to settle a multi-state drug lawsuit over the cholesterol-reducing medication Baycol, alleging a failure to warn users against an increased risk of severe nerve and muscle disorders.

What is class action lawsuit?

A class action lawsuit is when a group of people injured by the same drug file a lawsuit against the drug manufacturer. The group of “similarly situated” victims are the class. The class is represented by one or more law firms.

How are new drugs approved?

New drugs are approved only after the FDA has reviewed the result of all testing made by the manufacturer, and determined the manufacturer is capable of meeting FDA quality standards. The FDA does not approve compounded drugs, meaning ingredients mixed by a doctor or pharmacist to meet the needs of individual patients.

What is the role of the FDA?

Food and Drug Administration (FDA) is the primary government agency responsible for: “ [P]rotecting the public health by regulating human and animal drugs, biologics (e.g., vaccines and cellular and gene therapies), medical devices, food and animal feed, cosmetics, and products that emit radiation.”.

Who can file a petition for compensation?

Anyone who believes they, or a family member, were injured from taking a covered vaccine may file a petition for compensation. Filing a petition is a legal action. Most individuals hire a personal injury attorney to handle their claim.

Can you sue a drug manufacturer?

When You Can Sue a Drug Manufacturer. If you’ve suffered a serious illness or injury from taking a dangerous drug, whether prescription or over-the-counter, your first instinct may be to blame the company that manufactured the drug. Every type of medication has potential side effects.

Can an attorney help you win a lawsuit?

How an Attorney Can Help You Win. While you may not be able to file a lawsuit against the FDA or a generic drug manufacturer, your attorney can help identify all the parties who may be liable for your injuries, expenses, and pain and suffering.