Almost half of Americans have been prescribed a drug in the last week. One in five is on at least three prescriptions and one in 10 takes five or more. Like it or not, medication has changed our lives.
But as more and more new ones come on the market, the danger of taking a bad drug increases. With big drug lobbyists pushing for quicker approval, it’s easier for companies to get approval from the Federal Drug Administration. “Medications are getting pushed through quicker than they did ten or fifteen years ago,’’ says John Foy, founder of John Foy & Associates.
In 2013 and 2014 more drugs were recalled than in the previous nine years, according to the FDA’s own statistics.
Sometimes these drugs are harmful in unforeseen ways, and people who turn to medication trusting that it will help end up being seriously harmed.
What If You Suffer an Adverse Effect from a Medication?
If you think that you or a loved one has suffered as a result of a medication, call a John Foy & Associates Drug Recall Attorney at 404-400-4000. We keep abreast of all drugs that have been recalled and we know the ones that are currently involved in class action suits.
If you received a letter from your doctor or pharmacist alerting you to a possible issue with your medication, you should call as well. John Foy & Associates is a large firm of more than 100 staffers, including attorneys, legal researchers, and investigators whose only concern is helping people who have been injured.
It is very important that you have proof that you took this drug in order to preserve your right to litigation. If you don’t have records yourself, your local pharmacist should be able to provide proof. The key component in these cases is evidence that the defective drug caused your injury, adversely affected your condition, or caused your loved one’s death. Attorneys for the drug company likely will argue that their drug is not the source of your ills, especially if you are taking other medications. Our experienced health experts will strategize to help us prove the connection.
Is There a Time Limit to File a Defective Drug Claim?
There are time limits in all legal matters. The general statute of limitations for personal injury is two years, with some shorter deadlines. But medical lawsuits are more complicated. For example, you may have had a heart attack and then read that a previous medication can cause heart problems. Sometimes you are given a time period after you have been notified of a drug problem to file a claim. Call an attorney right away so that your opportunity to pursue a claim does not expire.
Types of Evidence You’ll Need for Your Dangerous & Defective Drug Claim
The strength of any defective or dangerous drug claim lies in its evidence. Your case will need to show proof of injury, such as medical records and information on when you started taking the drug. Other information you might want to keep handy for a case like this includes:
- The drug itself
- Any health or warning labels for the drug
- Payroll records for any work missed due to your injury
- Testimony from friends or family members about your experience taking the drug
Our dangerous and defective drug attorneys can help you compile the evidence you need to make a compelling case for compensation.
What Is a Drug Recall?
A drug recall removes a prescription or over-the-counter medication from the market. A company can recall a medication on its own or at the request of the FDA. The FDA may also order the recall. Usually, drug recalls are performed when the manufacturer or the FDA obtains substantial evidence that the drug may have ill effects or side effects that were not noted on the packaging.
If the issue is serious enough, and if you have experienced injury due to the drug, you may be entitled to compensation from the drug manufacturer or the seller. The best way to figure out whether or not you have a case is to get a free consultation with the attorneys at John Foy & Associates.
What Are the Categories of Adverse Drugs?
The FDA defines recalled drugs in three categories:
- Category I – Most likely to cause a serious injury or death. These can be for toxic foods, defective lifesaving medical devices, or drugs that unknowingly may cause allergic reactions.
- Category II – May cause temporary or medically adverse reactions, not likely to cause a serious health injury
- Category III – Not likely to cause an adverse reaction. This can be a simple mislabeling or container defect.
Physicians must alert their patients who have been prescribed a recalled drug. The FDA also uses the media and other means to contact users of drugs. In addition, our attorneys keep track of all of these recalls.
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. If you think you have been injured or harmed by a drug that has not been recalled, we urge you to call a Defective Drug Attorney at John Foy & Associates at 404-400-4000. We’ll do the research and work with you to see if there is a valid case. You will not be charged for this consultation.
Who Is the At-Fault Party in a Defective Drug Claim?
Typically, the pharmaceutical company is the responsible party in a defective drug case. Pharmaceutical companies have an obligation to provide safe, effective medicine. It is their responsibility to thoroughly research and test their products before making them available to the public. These companies have extensive research and development departments and law firms whose sole purpose is to protect these billion-dollar industries.
You may also reach out to our team for help with claims for drugs that have not yet faced a recall. For example, we can discuss your case if you sustained injuries after taking Elmiron.
What Can You Recover in a Defective Drug Case?
Claims surrounding bad drugs are often handled on a large-scale class action platform. The court then comes up with a bracket or grid based on different criteria to award the injured parties.
For example, manufacturers of the diet drug Fen-Phen paid $3.75 billion in total to thousands of people who were injured by the drug. The popular drug was on the market for a year, with 18 million prescriptions, before doctors found that some people developed heart valve problems from its use. The court awards ranged from $30-$60 in prescription refunds to people who took the drug for a short while and were not harmed to $1.5 million to Fen-Phen users who developed heart valve problems.
Should You Hire a Local Attorney for an Out-of-State Class-Action Lawsuit?
These cases involve large teams of attorneys, plaintiffs often in the thousands, and billion-dollar pharmaceutical companies with massive law firm budgets. You are one person with a potential claim. By hiring a local law firm like John Foy & Associates, someone in your community will be your direct contact on your case. We’ll do all we can to make sure you are represented properly. We’ll work in conjunction with the lawyers trying the case and you will know that your voice will be heard.
We’ll protect your interests. You can call us at any time to find out how the case is progressing. If you’re uncertain as to how to proceed, call our firm at 404-400-4000. You won’t be charged for any of our services until you win a settlement.