Wilmington Dangerous Drug Lawyer
Investigating Defective Drug & Medical Device Cases Throughout North Carolina
The U.S. Food and Drug Administration (FDA) was established in 1906, when the Pure Food and Drug Act was passed to protect public health. If the FDA has approved a pharmaceutical product, American citizens should be able to be confident that it is safe for public consumption. Unfortunately, nothing could be further from the truth. Dangerous drugs that are FDA-approved injure thousands of people of every year.
Pharmaceutical manufacturers have a duty to adequately test and ensure the safety of their products before they put them on the market. Sadly, profit often takes precedence over safety, and serious side effects may not be disclosed or may not be discovered until a dangerous drug has been on the market for years. If you or loved one has been harmed by a dangerous drug, Rhine Law Firm, P.C. may be able to help. Contact us for a free consultation with no obligation. Our Wilmington injury attorneys can evaluate your case to determine if we can help you get compensation for your injuries.
Every year, many pharmaceutical drugs come under scrutiny. A drug that has had many reports of adverse side-effects is recalled, either voluntarily or through direct action by the FDA. Some drugs remain on the market, but manufacturers are required to add warnings for various dangerous side-effects.
If you have suffered a serious side effect from any pharmaceutical, it is vital that you seek legal counsel to advise you about moving forward with a legal claim or lawsuit.
Defective Medical Devices and Products
Many medical devices and products are recalled every year. Recent cases include Stryker Hip Replacement products, later recalled, and talcum powder, used in certain over-the-counter products, which was found to increase the chances of a consumer developing ovarian cancer. Johnson’s Baby Powder used for feminine hygiene has been linked to a significant increase in the risk of developing ovarian cancer, and lawsuits are currently being filed against the manufacturer seeking financial damages.
Do I Have a Case Against a Manufacturer?
Any injury case related to a dangerous drug, medical device, or product must be evaluated to determine whether it possible to file a lawsuit against the manufacturer. There are several ways such a lawsuit could result in financial compensation, including:
- Failure to Warn of Dangerous Side Effects
- Defective Products
- Marketing Defects
- Manufacturing Defects
- Design Defects
Seeking Damages for Dangerous Drug Injuries
If a dangerous drug has harmed you or a family member, the best thing to do is to speak with a knowledgeable Wilmington product liability lawyer as soon as possible. You may have a claim for damages against the responsible parties.
In many cases, the pharmaceutical company that manufactured the dangerous drug may be held accountable for the harm its product has caused. Other potentially liable parties may include the:
- Drug testing laboratory
- Pharmaceutical sales rep
When dangerous side effects of a particular drug have harmed a large number of people, the product may be recalled by the manufacturer or the FDA. Although a recall may serve as evidence in your case, it is not sufficient, in itself, to prove the drug company's liability.
After careful investigation of your case and a thorough assessment of your losses, our personal injury attorneys may file a claim for compensation against the responsible parties. We can negotiate the terms of a settlement with an insurance company on your behalf, or fight for your rights in court when necessary. We are trial lawyers, and zealously protect the rights of the people we serve. You can rely on our firm to tenaciously pursue the full compensation you deserve.
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Mass Torts and Class Action Lawsuits
When large numbers of people may have been injured by a single dangerous drug, mass torts and class action lawsuits are common in pharmaceutical litigation. In mass tort litigation, a large number of similar lawsuits against the same defendant are consolidated before a particular judge. Attorneys representing the injured parties typically work together in these cases until the judge orders them to be sent back to their original jurisdictions.
In a pharmaceutical class action lawsuit, many people who have been injured by a particular drug join together to take action against the manufacturer. Damages awarded by the court in a class action lawsuit are divided amongst the plaintiffs, and the costs of litigation are typically included in the award.
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