what type of lawyer for contaminated medicine

Full Answer

Who is liable for contaminated foods?

In general, the actors who can be liable for contaminated foods are: Farmers, under negligence or defective product liability, Growers, under negligence or defective product liability, Shippers, under negligence or defective product liability, Packagers, under negligence or defective product liability, or.

Who can sue for food poisoning?

In the majority of cases, the person who was made sick by contaminated food is the person who can sue for the injury. However, there are a few instances where others may be able to sue for the injury: Parents of Children: If a child is sick from contaminated food, their parents can sue on their behalf.

Can a defendant argue that your leftovers are contaminated?

The defendant may be able to argue that you improperly stored your leftovers or manipulated them in some way to benefit your case, but at least you will have something other than just your word to show that the food was contaminated. What Legal Remedies are Available in a Contaminated Food Lawsuit?

Can I file a lawsuit for foodborne illness?

If you have received contaminated food, or if you have been sick due to foodborne illness, you may be wondering if you have a case for a lawsuit. The truth is, a lawsuit based upon foodborne illness can be a little tricky. There are certain things that you will need to prove in order for your case to be successful.

Can you sue for recall medication?

Can You Sue Even If the Drug That Harmed You Was Not Recalled? Yes. In some cases, drugs that have not been recalled still cause injuries or harm over and above a reasonable level of risk. Bad drug claims are very complex and are often pursued in the form of large class-action suits.

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.

What medicines have lawsuits against them?

Prescription medication lawsuit list:Nexium, Prilosec, and Prevacid stomach cancer.Aortic Aneurysm and Dissection from Levaquin, Cipro, or Avelox.Xarelto and bleeding.Januvia and Victoza and pancreatic cancer.Taxotere permanent hair loss.Pradaxa and bleeding.Onglyza and heart failure.

Are there any class action suits against Humira?

People who used Humira to treat symptoms of rheumatoid arthritis, Crohn's disease, psoriatic arthritis and other inflammatory conditions have sued the drug's maker over allegations that it failed to adequately warn of the risks, namely invasive fungal infections, nerve damage and cancer.

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.

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.

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.

Which pharmaceutical company has been fined the most?

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

How do I prove my Zantac lawsuit?

First, to potentially qualify for a Zantac cancer lawsuit or settlement, you have to prove use. That means that you have to show that you took Zantac (or another form of ranitidine). If you took prescription ranitidine, this can be easily proven by asking for a copy of your pharmacy records.

What are the neurological side effects of HUMIRA?

Serious side effects that have been reported, and their symptoms, can include:Nervous system problems, such as multiple sclerosis and Guillain-Barré syndrome. ... Blood cell problems, such as aplastic anemia. ... Heart failure. ... New or worsening psoriasis. ... Lupus-like syndrome, also known as drug-induced lupus. ... Liver problems.*More items...

Can HUMIRA cause neurological problems?

Side effects of Humira, Enbrel or other similar rheumatoid arthritis drugs may increase the risk of developing central nervous system conditions, such as optic neuritis and multiple sclerosis, according to the findings of new research.

Does HUMIRA cause nerve damage?

The findings of a new study suggest the side effects of Humira, Remicade and similar rheumatoid arthritis drugs may increase the risk of a form of nerve damage, known as peripheral neuropathy.

What is a Prescription Drug?

A prescription drug is medicine that cannot be legally bought without a prescription from an authorized medical professional, such as a doctor or dentist.

Defective Prescription Drugs and a Failure to Warn

Two common theories prescription drug lawyers normally sue manufacturers on are defective product and failure to warn.

Consulting a Prescription Drug Lawyer

If you suspect a prescription drug has harmed you or a loved one, you may need to contact a drug lawyer. A personal injury attorney or class action attorney can help you access your damages and sue the manufacturer. Your attorney can provide you with the guidance and legal research needed for your lawsuit.

The Process of Filing a Dangerous Drugs Lawsuit

Both the Mayo Clinic and Olmsted Medical Center have done research to find out that almost 70% of people in the United States take at least one prescription drug, with more than half of Americans taking two.

What You Should Do If You Experience Extreme Side Effects from Medication

Until you talk with your doctor, do not adjust your medication, although you should proceed with caution. The FDA has issued a warning to consumers: you should continue taking your current medicine until your doctor or pharmacist gives you a replacement or a different treatment option.

Part 3

Contact an experienced auto accident lawyer at The Joel Bieber Firm today for your free initial consultation. Please fill out the form on this page.

Who can initiate a wrongful death lawsuit?

In the case of a wrongful death claim, the family member initiating the lawsuit would need to be an immediate family member, such as a parent, spouse, or child of the deceased. An experienced personal injury lawyer can help you determine who may initiate the lawsuit under the circumstances of your specific case.

What is food contamination?

Basically, food contamination refers to the foreign object in the food (such as hair or bacteria). Food poisoning, or “foodborne illness,” refers to the illness that occurs either because of contaminated food or because the food has been improperly handled in some way.

What do you need to prove in a strict liability case?

In strict liability cases, you will need to prove that the contaminated food was unreasonably dangerous, and that the dangerous contamination caused your illness.

How many people get sick from eating contaminated food?

Because contaminated food has the potential to make people sick. According to the Centers for Disease Control and Prevention, approximately 48 million people get sick from food every year–and about 128,000 of those people get so sick that they have to be hospitalized.

What are some examples of food contaminants?

Examples include hair, rocks, bugs, metal pieces, and other physical items.

Who is most susceptible to foodborne illness?

Children, the elderly, and people with weak immune systems are most susceptible to developing complications from foodborne illnesses. If you have received contaminated food, or if you have been sick due to foodborne illness, you may be wondering if you have a case for a lawsuit.

Can you sue someone for contaminated food?

In the majority of cases, the person who was made sick by contaminated food is the person who can sue for the injury. However, there are a few instances where others may be able to sue for the injury: Parents of Children: If a child is sick from contaminated food, their parents can sue on their behalf.

Food Poisoning Lawyer

The Centers for Disease Control and Prevention (CDC) estimates that every year 48 million people in the United States become ill from “food poisoning.” Food poisoning occurs when a person consumes food or beverages that contain parasites, bacteria, viruses, or toxins.

Common Causes of Food Poisoning

People generally contract salmonella by ingesting food or beverages that have been in contact with animal feces or with an infected animal. An estimated 1.35 million infections and 420 deaths related to salmonella occur each year in the United States.

Symptoms of Food Poisoning

Food poisoning symptoms usually start 2-6 hours after eating contaminated food. That timeframe may increase or decrease though, depending on the type of foodborne illness.

Concerns Surrounding Food Poisoning Lawsuits

In each type of legal case, there are different concerns that will vary according to the specific type of lawsuit being filed. Food poisoning lawsuits have their own unique concerns. Here are some practical issues involved when considering a food poisoning lawsuit:

Food Poisoning Liability Theories

Food poisoning generally falls into the category of a product liability case, because the consumer was sold something defective (a food product) that caused the individual to develop an illness. Commonly, the following legal theories are considered in such cases:

Proving a Food Poisoning Lawsuit

Food poisoning cases present one of the greatest challenges in proving a claim. Basically, two specific points must be proven to have a successful legal outcome. They are:

Who is Liable for Victim's Food Poisoning?

As a general rule, attorneys choose to include every party from the food item’s chain of distribution when filing a food poisoning lawsuit. This means that every entity within the path from manufacturer to supplier to the consumer may be named as a defendant.

What to do if you have contaminated water?

If you have suffered an illness due to the consumption of contaminated drinking water, it is important that you contact an attorney as soon as possible to help you obtain compensation for your medical costs.

What is the Clean Water Act?

The Clean Water Act also authorizes the Environmental Protection Agency (EPA) to oversee over the creation of pollution control programs and to set various standards , such as methods of wastewater disposal, for the industry.

How Does Soil Contamination Happen?

Soil contamination occurs in two main ways. The first way is through contaminants being dumped directly on the ground. This could be the case if an unscrupulous company long ago dumped waste contaminants on the earth. Perhaps the company dumped chemicals in a ditch or buried barrels of contaminates underground.

How Do Contaminants Harm People?

Soil contaminants are often absorbed through the skin when the soil is touched. Gardeners, children playing in the dirt, and people who happen to be walking on contaminated soil with bare feet could all potentially be exposed. Disturbing the contaminated soil could also release contaminants into the air, which could be breathed in as well.