California Defective Drug Attorneys
Even though the federal Food and Drug Administration (FDA) regulates foods and drugs, FDA approval does not guarantee that a product is safe. Furthermore, hip replacement devices, knee implants, and other medical devices harm people every year. If you or a loved one has been harmed as the result of a defective drug or defective medical device our attorneys know how to challenge big pharmaceutical companies and device manufacturers for the damage they have caused. These massive companies have armies of lawyers defending them but we have the experience and the resources to challenge them. If you have been harmed, you may deserve compensation.
Over the last several years, pharmaceutical companies and device manufacturers have been fined hundreds of millions of dollars for the damage their products have caused. Your case may help hold them responsible for the injuries they have caused and you may be able to get the financial compensation that you need and deserve. Though you may bring an individual lawsuit against a large drug company and we can represent you in such a case, we may also guide you through a class action. Contact us to discuss your case and whether or not you may benefit from initiating or joining with other injured plaintiffs in a class action.
High-Profile Cases Involving Defective Drugs
Some recent high-profile products liability cases have involved the following defective drugs:
- Accutane: An acne medication that allegedly brings on depressive and potentially suicidal behavior.
- Celebrex: A non-steroidal, anti-inflammatory drug (“NSAID”) designed to alleviate pain which was found to increase the risk of heart attacks.
- Fen Phen: This is a combination of drugs prescribed for weight loss. The manufacturers allegedly suppressed information about known dangers.
- Vioxx: This medication is used to relieve osteoarthritis symptoms, acute pain, and menstrual pain. The manufacturer voluntarily recalled the drug after the threat of products liability actions due to complaints of stomach ulcers, liver damage, heart problems, and kidney damage.
- Yaz: A birth control pill that allegedly lead to dramatic increases in the risk of blod clots, stroke and heart attack for women using the product.
The above are just a few of the most high profile cases. In many instances, a drug company may have known that their product posed risks. If you or a member of your family was not protected by these drug companies, you may be able to file suit against them. We are experienced products liability attorneys and we can help discuss liability issues in your case. We may be able to help you recover compensation for losses relating to a defective drug.
Big Pharma and State Law
The federal Food and Drug Administration (FDA) requires manufacturers to prove that a drug is safe and effective for its intended use before approving the drug for sale in the market. The FDA also prescribes labeling requirements for certain medical products. But since products liability comes under state law, FDA approval does not mean that an injured person cannot sue for damages.
Under product liability law, manufacturers of pharmaceutical drugs and devices have at least two duties to customers:
- a duty to adequately test their products before releasing them into the market
- a duty to warn consumers about potential dangers.
Some drugs may be considered "unavoidably unsafe," which means that no matter how much care the manufacturer takes, these products can never be made completely safe. In such cases, the manufacturer may have strict liability, meaning products liability irrespective of fault, if the product injures a consumer, and the manufacturer has not adequately warned the consumer about potential side effects and other dangers of the drug.
Product liability lawsuits involving pharmaceuticals are complicated. Sometimes determining which party was at fault is a particular challenge. These corporations also have teams of lawyers ready to defend them from lawsuits. Our experienced attorneys can help you determine whether or not you have a case and, if you do, we will relentlessly pursue compensation for you. No matter the opponent, we know how to get results.
Contact an Experienced Medical Device & Pharmaceutical Negligence Attorney
If you think you have been injured by a defective drug or defective medical device, contact one of our experienced products liability attorneys for important legal advice. If a defective medical device has caused you harm, we are also prepared to pursue justice and compensation on your behalf.