We buy prescription or over-the-counter drugs to treat various ailments and alleviate symptoms. Although many medications are safe and effective, others can cause severe or lethal side effects. Sadly, it’s not unusual for pharmaceutical companies to cut corners to increase their profits, causing avoidable harm to innocent consumers.

In these tragic situations, you deserve justice and accountability for corporate negligence. A knowledgeable Pevely dangerous drugs lawyer can discuss your options for filing a claim for pharmaceutical litigation and help you get the compensation you need for your losses.

OnderLaw has decades of experience holding corporations accountable and motivating them to improve the safety of their drugs. Our dedicated injury attorneys don’t just take on cases; we take on causes.

Proving a Drug Manufacturer’s Liability

The law offers two ways for you and your skilled Pevely faulty drug lawyer to prove that a drug manufacturer is liable for your injury. One way is proving that the manufacturer did not use reasonable care to prevent foreseeable injury to the consumer—the manufacturer was negligent.

Alternatively, your attorney could use product liability law to show that the drug was defective. This involves proving one of the following:

  • The drug’s design was faulty, and an equally effective product could have been designed to be less dangerous.
  • A manufacturing or packaging error caused a particular batch of the drug to be dangerous.
  • The drug’s label did not provide adequate instructions on safe use or contain appropriate warnings of potential side effects.

OnderLaw can investigate for proof of defective design, manufacturing, or labeling. The drug company’s records, Food and Drug Administration (FDA) filings, and other documents often provide useful information. We are prepared to hire experts in medicine, manufacturing, and other disciplines to prove your defective drug case and hold the pharmaceutical company accountable. Our firm is not afraid to stand up for you and your cause.

What Kind of Lawsuit Can I File for a Defective Drug Case?

Drug companies have deep pockets when it comes to defending their products. It often makes sense for people harmed by the same product to work together to fight the pharmaceutical manufacturers. Multiple people with cases against the same company could join a mass tort or class action lawsuit.

Mass Tort Actions

A mass tort action occurs when many people with similar claims file lawsuits in the same court. The court has the option of forming what’s called a multi-district litigation (MDL) to consolidate these cases into one litigation. However, each lawsuit remains separate and is considered on its own merits.

The court will hold one or several trials, called “bellwether trials,” on the case’s merits. If the manufacturer and the plaintiffs come to an agreement, or a settlement, based upon the outcome of those trials, you and your skilled drug design flaw attorney in Pevely will prove your damages—the losses you suffered due to the dangerous drug. In many cases, a verdict indicating liability spurs the manufacturer to enter a settlement agreement benefitting all the plaintiffs.

Many mass torts concerning dangerous drugs are ongoing. Current mass torts include lawsuits involving the following drugs:

  • Elmiron, a drug prescribed for bladder pain and cystitis that can cause macular damage and blindness
  • Gardasil, a vaccine to prevent a form of cervical cancer that can cause postural orthostatic tachycardia syndrome (POTS) and autoimmune disorders
  • Tylenol, a pain reliever that could cause autism when taken during pregnancy
  • Zantac, a heartburn medication that can cause many types of cancer
  • Tasigna, a chemotherapy drug that can lead to deadly hardening of the arteries.

Mass torts concerning other drugs may be ongoing or developing. Our knowledgeable lawyers in Pevely can advise you on whether a specific drug is the subject of mass tort litigation.

Class Action Lawsuit

A class action lawsuit is another option for seeking justice from a drug manufacturer. Everyone who suffered the same harm after taking a particular drug could choose to join the class of plaintiffs. One or more individuals represent the class in the lawsuit. Unlike a mass tort, only one lawsuit is filed in a class action. If that plaintiff wins, all members of the class share in the proceeds.

Time Limits for Pharmaceutical Litigation in Pevely

Every state has laws defining the time limits for lawsuits. Missouri Revised Statute § 516.120 sets the timeframe for a personal injury lawsuit at five years from the date of injury.

However, injuries and illnesses related to drug use might not be apparent immediately. It could take years for your condition to be diagnosed and for you to connect it to a medication.

In these cases, the five-year statute of limitations does not begin running until you discover or should have discovered that you have a drug-related injury. However, you must bring a lawsuit against the manufacturer within 12 years from the time you last took the drug, regardless of when you discovered the injury.

The sooner you reach out to our Pevely drug litigation attorneys, the sooner we can begin fighting for your rights. OnderLaw will be on your side and by your side every step of the way.

Pevely Dangerous Drugs Attorney

When a pharmaceutical manufacturer sells a product that causes serious injury, you may be entitled to significant compensation. Moreover, legal action can motivate companies to improve their drugs’ safety and prevent future harm. A skilled Pevely dangerous drugs lawyer will be an essential ally in helping you take back your life and send a powerful message: corporate negligence is inexcusable.

Lawsuits against pharmaceutical companies are complicated, requiring legal counsel from an experienced firm like OnderLaw. Call us today to learn how we can take up your cause.