Defective Drugs and Devices
Last updated Tuesday, September 26th, 2023
Alabama Defective Drugs Lawyer
Representing Victims of Dangerous Drugs and Medical Devices Throughout the State
We visit our doctors and other medical professionals to recover from injuries and manage any medical conditions. We might get prescriptions for blood pressure and pain or undergo surgery to replace our hips or improve our hearts. However, when the companies and manufacturers of the medications we need sell us defective products, our lives can be put at risk. That’s where hiring a defective drug lawyer can help. We must hold those liable accountable.
Dangerous prescription drugs contribute to thousands of preventable illnesses, injuries, and deaths yearly. A defective drug lawyer at Mezrano Law Firm is proud to help those injured due to the negligence of big pharmaceutical companies. Our job is to protect your rights.
How Can a Defective Drug Lawyer Help Me?
If you have been prescribed a medication or drug that has caused you to fall ill, our defective drug lawyer can help you get the compensation you deserve. Being prescribed a medication that hurts you can cause life-long effects. While compensation won’t solve everything, it aims to help you recover, heal, and get your life back. At Mezrano Law, we know it’s not about money but dignity and quality of life.
How Much Does a Defective Drug Lawyer Cost?
At Mezrano Law, we work on a contingency basis for medical malpractice like defective drugs. A contingency fee basis means we do not charge you anything unless we win a settlement in or out of court. This fee structure ensures we work hard for your case and that you don’t have even more out-of-pocket expenses during a stressful time. At Mezrano Law, we also offer contingency fee schedules for other practice areas, such as:
- Medical Malpractice Lawyer
- Nursing home abuse lawyer
- Personal Injury Lawyer
- Premises Liability
- and more
Drug Recalls & the FDA
If the FDA identifies a potential health risk related to a drug, it issues a public safety announcement. It also requires the manufacturer to add new warnings to the drug’s prescribing information and patient information guidelines.
However, if that drug’s risks outweigh its benefits, the manufacturer may pull it off the market instead. The FDA can also request the manufacturer recall a drug. The FDA classifies drug recalls by the level of risk they present to the public:
Class I Recall
The most urgent recall, Class I, applies to defective drugs that can cause severe injury or death.
Class II Recall
A Class II recall includes situations where a drug can cause temporary health problems or poses a slight threat of a severe nature.
Class III Recall
The last category, Class III recalls, are for products that violate FDA manufacturing or labeling laws but are unlikely to cause physical harm.
Not every drug recall makes it onto the news. However, the FDA posts all recalls online in weekly updated reports and the reason for the recall.
Who Is Liable for Defective Drugs?
You may be able to hold the maker of dangerous drugs accountable for your injuries or medical complications. Manufacturers may be held liable when their products:
- Have a design flaw that makes the product or medication inherently dangerous
- Reaches the market with a manufacturing error like the introduction of a hazardous or toxic substance
- Fail to provide proper warning of potential side effects
- Employ deceptive marketing, incredibly erroneous or exaggerated claims about the benefits of the product
Types of Litigation For Dangerous Drugs and Devices
When drug and medical device companies fail to properly test their products or withhold pertinent information on the safety of their products, and that product causes you harm, they can be held liable in a product liability action. Our Alabama attorneys can speak with you about your personal situation and guide you toward an efficient course of action.
You may hear many different terms when you’re injured by drugs or medical devices, specifically legal phrases like “mass tort,” “class action,” or “multidistrict litigation.” Although many people think a mass tort is another litigation method, it means a type of injury. So, a class action lawsuit or multidistrict litigation (MDL) is the avenue to compensate the victims for those injuries.
A mass tort involves hundreds or thousands of people injured in the same way. For example, if the defective transvaginal mesh is recalled after causing injury to many people, this mass tort would lend itself well to an MDL action.
Multidistrict Litigation (MDL)
In an MDL, civil cases from Alabama and across the country are transferred and consolidated to a single district court for pre-trial procedures. This consolidation helps save judicial resources, eliminate redundancies in fact-finding and discovery and prevent inconsistency in rulings. One federal judge oversees all proceedings and has the power to dismiss specific counts in a lawsuit. At the end of this process, if a case isn’t dismissed or a settlement isn’t reached, a case can be released back to its original court to go to trial.
Class Action Lawsuits
A class action lawsuit lets multiple plaintiffs make the same complaint against a company or manufacturer. One plaintiff or stand-in represents the group, and any settlement or jury award is split among the entire class. Class action suits can benefit some, as they’re less expensive, but settlements and awards tend to be smaller. The court’s decision is binding.
Multidistrict and class action lawsuits are similar, but they’re different. MDL involves multiple lawsuits and remains that way throughout the proceedings. The cases are all grouped together, so the case details go through a single court to maximize efficiency. On the other hand, a class action suit is one case with multiple plaintiffs.
Contact Mezrano Law Firm Today
You shouldn’t have to suffer for someone else’s negligence. You may be eligible for compensation for your injuries from defective drugs – compensation that can help pay your medical bills and cover lost income. At the same time, you take the time you need to recover.
Compassionate Alabama Defective Drug Lawyer