Frequently Asked Questions About Defective Medications Litigation
Q: Does a bad outcome following consumption of medication mean that a drug is defective and someone was negligent?
A: An undesired result does not necessarily mean there was medical malpractice or that a drug was defective. People's bodies vary greatly in how they react to drugs. A patient may become ill or even die after taking a medication without any verifiable negligence. On the other hand, an investigation may reveal that a physician, a nurse, a hospital or a drug manufacturer is responsible.
Q: Does Hill, Peterson, Carper, Bee & Deitzler, PLLC, initiate individual lawsuits against drug manufacturers or represent clients joining class-action lawsuits?
A: Yes, yes and yes. Our law firm has filed claims against drugmakers. We have initiated class-action lawsuits. We have represented clients in class actions underway through other law firms. Let us evaluate your circumstances and if you have a valid claim, we can direct you and represent you in the most promising route to a successful case outcome.
Q: Are drug recalls proof of negligence?
A: A drug recall is intended to protect the public after heightened risks have come to light. The drug recall may or may not provide supporting evidence for an injury claim by someone who took a medication and had a bad reaction. However, a drug recall often indicates that precedents have been set or research has indicated the possibility of harmful outcomes for consumers. Hill, Peterson, Carper, Bee & Deitzler, PLLC, urges anyone who has taken a drug that has been recalled to contact a lawyer, whether or not symptoms of harm have occurred yet.
Q: Does it matter when I file a lawsuit if I took a defective drug and suffered harmful effects?
A: Statutes of limitations can affect your ability to file a claim. If you experienced a bad outcome after taking the birth control pill Yasmin several years ago, and did not take action within a particular window of time after noticing those harmful side effects, it may be too late to file a lawsuit. On the other hand, if you were harmed after taking Xarelto, you are perhaps on time (as of late 2014) for filing a claim.
For answers to your own questions regarding defective and dangerous drugs, call 304-205-1810 or request a free initial consultation with a Charleston product liability attorney.