Prescription and over-the-counter drugs play a crucial role in treating various ailments and alleviating symptoms. While many medications are safe and effective, some can have severe or even lethal side effects. Unfortunately, it’s not unusual for pharmaceutical companies to prioritize profits over consumer safety, leading to avoidable harm.
When you or a loved one is seriously harmed by an over-the-counter or prescription drug, it is your right to seek justice and hold these corporations accountable for their negligence. A dangerous drugs lawyer from our experienced OnderLaw team can guide you through the process of filing a claim for pharmaceutical litigation and help secure the compensation you need to recover your losses. At OnderLaw, we have decades of experience in holding corporations responsible and pushing for enhanced drug safety. We are not just attorneys; we are advocates for your cause.
Isn’t Someone Regulating the Drugs We Use?
The sad truth is that our system of checks and balances is often overtaxed and underfunded, and sometimes there are other factors at play. The FDA, which is supposed to regulate prescription and non-prescription drugs, must follow rules that are federally legislated. However, Big Pharma is one of the most prolific and effective lobby group out there. Many laws have been twisted and bent to suit the needs of drug makers and other big businesses. Lawsuits are often the only way to hold them accountable, and to remove dangerous drugs from shelves for the safety of all of us.
Many people are hesitant to file lawsuits, and for good reason. We’ve been conditioned to believe that lawsuits are frivolous and that our suffering is normal. But guess who subtly created those manipulative messages? Most often, Big Pharma itself is behind brainwashing propaganda. They have hundreds of millions or even billions of dollars to lose if people stand up against them, so they do all they can to keep you from believing you deserve more.
Don’t be afraid to stand up against these big corporations. OnderLaw will stand with you. We have a long history of holding accountable some of the biggest corporations in the world and changing the way they do business.
Establishing a Drug Manufacturer’s Liability
To prove that a drug manufacturer is responsible for your injury, there are two legal avenues available. The first is by demonstrating that the manufacturer failed to exercise reasonable care to prevent foreseeable harm to consumers, essentially showing negligence on their part.
Alternatively, your attorney can employ product liability law to establish that the drug was defective. This can be achieved by demonstrating one of the following:
- The drug’s design was flawed, and a safer alternative design could have been implemented.
- A manufacturing or packaging error resulted in a dangerous batch of the drug.
- The drug’s labeling lacked sufficient instructions for safe use or failed to provide appropriate warnings about potential side effects.
At OnderLaw, we have the resources to investigate and gather evidence to support claims of defective design, manufacturing, or labeling. We can delve into the drug company’s records, scrutinize Food and Drug Administration filings, and consult other relevant documents. If necessary, we are ready to enlist experts in medicine, manufacturing, and related fields to build a strong case against the pharmaceutical company. Our firm is committed to standing up for you and your cause.
Alternative Litigation Approaches for Defective Drug Cases
Drug companies possess significant resources and vigorously defend themselves in lawsuits. In many instances, it is beneficial for individuals harmed by the same product to band together and confront these pharmaceutical manufacturers collectively. This can be achieved through mass tort or class action lawsuits.
Mass Tort Actions
Multiple individual lawsuits pertaining to the same issue can be consolidated into a mass tort action. The court will conduct one or several trials to determine the merits of the case, eliminating the need for each plaintiff to go through a separate trial. If the manufacturer is found liable, you and your attorney will present your “damages,” i.e., the losses you have suffered due to the dangerous drug. Often, a verdict indicating liability prompts the manufacturer to enter into a settlement agreement that benefits all the plaintiffs.
There are ongoing mass torts related to dangerous drugs. Presently, these include lawsuits involving drugs such as Elmiron, Gardasil, Injectafer, Invokana, Risperdal, Tepezza, Tylenol, and Tasigna. It is important to consult our knowledgeable lawyers to determine if a particular drug is subject to mass tort litigation.
Class Action Lawsuits
Another avenue for seeking justice from a drug manufacturer is through a class action lawsuit. Individuals who have suffered the same harm after consuming a specific drug can choose to join a class of plaintiffs. One or more individuals represent the class in the lawsuit, and if successful, the proceeds are shared among all class members.
Time Limits for Pharmaceutical Litigation in Missouri: Don’t Wait to Seek Justice
In every state, there are rules about how long you have to file a lawsuit. In Missouri, the law says that for personal injury cases, like those involving pharmaceuticals, you generally have five years from the date of the injury to take legal action, as stated in Missouri Revised Statute §516.120.
But injuries or illnesses caused by drugs may not show up right away, or it could take years for you to realize that your condition is connected to a medication you took. In these cases, the clock on the five-year time limit doesn’t start ticking until you discover or should have discovered that the injury is related to the drug. However, no matter when you discovered the injury, you must file a lawsuit against the manufacturer within 12 years of the last time you took the drug.
The key is to act quickly. The sooner you reach out to our OnderLaw team of drug litigation attorneys, the sooner we can start fighting for your rights. We will stand by your side every step of the way, making sure you get the justice you deserve.
Hold Drug Makers Accountable: Take Back Your Life
When a pharmaceutical company sells a product that causes serious harm, you have the right to seek significant compensation. Legal action can also push these companies to make safer drugs and prevent future harm. That’s why having a Pevely dangerous drugs lawyer on your side is crucial. They will be your ally in reclaiming your life and sending a powerful message: corporate negligence is unacceptable.
Lawsuits against pharmaceutical companies can be complex, so you need experienced legal counsel, like the team at OnderLaw. Give us a call today to find out how we can fight for you.