Nationwide Drug Recall Injury Lawyers - Schultz Legal Group
Defective Drug Injury Claims
Over half of Americans depend upon prescription medications to treat ailments that plague their everyday lives. Some medications are used to treat medical problems, others are used as preventative well-being. As consumers, we depend upon the competence of the drug companies who design, test, manufacture, and market their products. So what happens when these drugs cause dangerous side effects, resulting in serious injury or death to the consumer? First and foremost, if you suspect that a prescription medication or defective drug has caused you serious harm, it is critical to contact a drug recall injury lawyer at Schultz Legal Group immediately. Injury claims against drug manufacturers are governed by short time limits, otherwise known as a "statute of limitations." If your drug injury claim is not filed in the proper jurisdiction within the appropriate time, the claim will forever be barred.
Manufacturers of prescription drugs have a duty to design and distribute products that are safe when used for their intended purpose. Essentially this means that any consumer who uses a drug as it was designed should anticipate that the product will not cause serious injury or death. Drug companies that fail to design and manufacture safe products may be civilly liable for the harms and damages caused to the victim. Theories of recovery in a products liability claim can include defective design, defective manufacture, failure to warn, and strict liability. It is important to understand that strict liability does NOT automatically mean the consumer is entitled to recovery just because of the injury. The drug recall injury lawyer must still prove that the product was defective and that the defect was the proximate cause of the injuries claimed.
Not all law firms are created equal. Attorney Stephen Schultz is recognized by the American Trial Lawyers Association as a Top 100 Trial Lawyer. He is also a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. This elite organization consists of the top 1% of trial lawyers in the United States who have obtained single settlements and verdicts in excess of one million dollars and two million dollars. Serious injuries require serious attorneys who are willing to take the fight against well-funded pharmaceutical manufacturers to the Courts.
Pharmaceutical Drug Injury Cases Are Complex
Claims against pharmaceutical drug companies implicate both state and federal laws. Drug injury claims may also trigger complex procedural concerns such as the "class action lawsuit." In certain situations, just because there is a pending class action lawsuit, the injury victim may choose to 'opt out' and file a claim on his or her own behalf. Contact the drug recall injury lawyers at Schultz Legal Group to discuss how your claim against a pharmaceutical drug company can be properly filed. Luckily for drug defect injury victims, the United States Supreme Court just handed down the decision of
Wyeth v. Levine (2009), which now preserves the rights of consumers to file state law claims for dangerous drugs. The Supreme Court held that FDA approval of a drug does not bar state law "failure to warn" claims based upon inadequacies in the drug's label that address harmful side effects.
Failure to warn is another important component of a potential drug defect claim. Many drug companies warn of the common side effects associated with just about all medications (i.e. dizziness, nausea, headache), but they fail to warn of the dangerous side effects that can result in serious injury or death. The Food and Drug Administration (FDA) is a good resource for any consumer looking into taking a prescription drug. The FDA will post bulletins that update consumers as to which manufacturers and drugs are on their 'watch list'. Injury victims must hold corporations liable for dangerous products. Contacting an experienced drug recall injury lawyer is the first step.
It is an unfortunate truth that most victims of defective drugs suffer catastrophic injuries, leading up to and including death. These injuries may result in a long road of expensive and painful treatment protocols. Financially vulnerable injury victims are prone to accept low-ball settlements when presented with the opportunity. Don't be victimized twice! Contact an experienced drug recall injury lawyer and discuss the various forms of recovery you may be entitled to claim pursuant to state and federal law. Examples of forms of recovery for the victim of a dangerous drug include:
- Past, present and future medical expenses
- Life-care expenses
- Prescription costs
- Past lost wages
- Future lost wages
- Loss of earning capacity (earning potential)
- Pain and suffering
- Future pain and suffering
- Loss of consortium (spousal claim)
Our drug recall injury lawyers are focused on the following drugs and products:
The Ultimate Conflict of Interest
Drug companies are required to test prototype drugs and screen for dangerous side effects that could cause serious injury or death to consumers. The goal of any prescription drug is to effectively target a disease or illness while causing minimal side effects. The problem is that large drug companies conduct their own internal safety testing on prototype drugs intended to be released for sale to the general public. Recent reports prove that some drug companies are purposefully deceptive when seeking market release approval from the FDA, only supplying the FDA with selective parts of test data that may conceal dangerous side effects discovered during testing. There is a clear conflict of interest inherent in this system of testing. The same company that has a direct economic interest in big drug profits is responsible for the safety research required to prove to the FDA that their prototype drug is 'ready and safe' for the market.
Other Types of Product Liability Claims - Product Liability Lawyer
Prescription drug manufacturers are not the only companies that have a duty to design and manufacture safe products. Manufacturers of over-the-counter drugs are held to the same standard of accountability. Manufacturers of medical components such as hip joint implants and knee joint implants are also required to design, manufacture, and distribute products that are safe. Many manufacturers place the interests of their directors and shareholders ahead of public safety. If a defective product has caused serious injury to you or death of a loved one, contact Missouri Product Liability Lawyer Stephen Schultz for a personal consultation.
Missouri Injury Lawyer Stephen Schultz has been recognized by the American Trial Lawyers Association as a Top 100 Trial Lawyer in the state of Missouri. He has also been featured in the Best Lawyers in St. Louis edition of St. Louis Magazine for two years running. Mr. Schultz is exceptionally qualified and will aggressively pursue your product liability claim.