Drug Injury Attorney on Defective Prescription Drugs
You might be eligible to attempt to obtain compensation through a Texas product defect lawsuit if you have any reason to believe that your illness or injury may have occurred as the result of defective prescription drugs or a pharmaceutical error.
Seeking legal recourse for this kind of injury, however, can be a very difficult endeavor, and it is especially tough if you choose to act as your own legal representative and do not enlist the services of a drug injury attorney. There are myriad challenges that are presented by these kinds of personal injury cases, and in order to have the best chance possible at getting the just restitution you deserve, you will need a seasoned and skilled defective drug injury attorney on your side. The attorneys with our Law Office will be happy to explain what kind of case you may have, the hurdles you will face in attempting to obtain compensation and the ways that our law firm can help you get the justice you have coming.
Why Drug Injury Lawsuits are Considered Challenging
The companies that design drugs and the medical practitioners who prescribe and dispense them, it is assumed, have some level of medical expertise that will greatly exceed that of a typical person. When someone takes a drug, they will likely have a reasonable expectation that the drug will not harm him or her. For instance, a person should be able to expect to understand the intended use of a drug, the potential side effects associated with it, and whether or not the drug prescribed could result in further injury because of a pre-existing medical condition or by using other drugs along with that newly prescribed drug. Basically, the people who have a need for prescription drugs more than likely trust that pharmacists, doctors, and drug manufacturers will do the best they can and do their jobs so that a patient does not experience harm. Accidents, of course, can take place in the field of medicine, but it is still reasonable to expect the drug you are taking is correctly manufactured and designed, and will not cause added problems. But most consumers do not understand how a drug might have prolonged an illness or compounded an existing injury. Additionally, most people do not have the expertise to be able to ascertain whether an incorrectly prescribed drug, a defective drug, or a faulty dosage might have caused them harm.
One of the most formidable hurdles to successfully pursuing a case involving defective prescription drugs is the expert medical knowledge that is necessary to prove that a defective drug injury even occurred. This is a type of personal injury lawsuit that necessitates a certain amount of technical knowledge to be acquired or to be obtained through the help of someone who is an expert in the field. There are many law firms that simply do not have the desire to put in the strenuous work involved in this kind of litigation, nor do they have relationships with medical experts.
However, our Texas medical malpractice firm is not one of those firms. We have assisted many victims of different forms of medical malpractice, including clients who have been harmed as a result of taking defective prescription drugs. We have access to medical experts who can help drug defect victims by connecting their malady to an incorrectly prescribed drug, a wrong dosage, or a defective drug.
Additionally, a lawsuit can also be complicated depending on the kind of lawsuit that is filed against a negligent entity. The following is a detailed explanation of the two kinds of drug injury lawsuits that can be filed.
Drug Injury Case Categories
There are two broad categories in which drug injury cases can be listed:
Product liability lawsuits – These lawsuits are filed as a result of a drug manufacturer creating a drug that is harmful to the public, such as Hydroxycut.
Pharmaceutical error lawsuits – These are filed in response to a drug provider’s negligence in issuing a drug to a patient. For example, prescribing the wrong drug or prescribing the wrong dosage.
Product Liability Lawsuits
The companies that manufacture drugs are sometimes more accurately described as “pill pushers” than drug manufacturers. Drug manufacturers sometimes cut corners in designing and producing drugs, because they are in a rush to get their piece of a pie that is millions and millions of dollars big. They will often fail to properly and completely test a drug before they release it for public consumption. When this happens, and a person is injured due to a drug’s detrimental side effect that is not listed on the drug’s container, that victim can attempt to obtain restitution for their injury through the means of a defective drug product liability lawsuit. Should a drug manufacturer produce an off-brand product that uses questionable ingredients, and those ingredients can be proven to have harmed the consumer, then, likewise, that drug manufacturer can be sued through a drug defect personal injury lawsuit.
Initiating legal action against a drug manufacturer, however, is an incredibly complex and challenging task, and not for those who want to avoid a fight. Drug manufacturers often have millions upon millions of dollars that they can use to defend themselves against lawsuits, and will do whatever it takes – and spend however much it takes – in order to ensure you lose your case. Say, for instance, you were the first person to have been injured by taking Hydroxycut, which was an intensely marketed and highly popular drug when it was originally released. Because you were injured, you filed a lawsuit, and the negative publicity surrounding your suit would have been enough to seriously hurt the manufacturer’s bottom line. It only stands to reason, then, that the manufacturer would work feverishly in order to either make sure you were given a low-ball settlement, or you were defeated by their group of highly paid and extremely effective defense lawyers. Basically, they will stop at almost nothing in order to keep a victim from obtaining fair compensation, because that would be an admission that they were at fault. And if that happened, they would likely face an avalanche of even more lawsuits after dealing with yours. This happens all too often, and liable drug manufacturers often stoop to highly questionable means in order to protect themselves from lawsuits.
Because of the intense and complex nature of defective drug liability lawsuits, there are many law firms that will not touch this kind of litigation. Often, the deck is just too stacked against the rights of a victim, and that is especially true when the defendant is a huge drug manufacturer. But the drug injury lawyers with our Law Office firmly believe that each and every person has a right to attempt to obtain compensation for an injury – it does not matter that a defendant may be a huge corporation with seemingly endless resources. We have extensive experience fighting both extremely wealthy individuals as well as huge insurance companies, so we have the attitude, knowledge, and toughness it takes to aggressively – and successfully – defend your rights against the onslaught of defendants, no matter how deep their pockets.
We should also note that there are some law firms that will initially offer to help the victim of a drug injury, only to ultimately sub-contract that work to another firm that is more experienced in fighting huge pharmaceutical entities. If we are assured that we can help you get the restitution you deserve, we will take your case through the entire process – from its start until its end. We don’t care about how your case can add to our list of successes. We are only interested in your success.
Pharmaceutical Error Lawsuits
If a pharmacist, nurse, doctor, or any other kind of medical practitioner prescribes an incorrect drug or the wrong dosage of said drug, and further illness or injury is experienced by the patient as the result of that mistake, then that victim can attempt to obtain restitution through the means of a pharmaceutical error lawsuit. Because of recent tort reform passed by the Texas Legislature, even though pharmacy errors are considered medical malpractice, pursuing legal action against a medical practitioner can be extremely difficult. The sentiment behind this tort reform was admirable – stop frivolous lawsuits from being filed against doctors and other medical practitioners, long-lasting civil lawsuits that further crippled an already overwhelmed court system. Unfortunately, and tragically in some instances, this tort reform has been a detriment to many injury victims with legitimate medical malpractice claims. One of the detrimental effects of tort reform legislation is the cap the legislature placed on the amount of compensation an injured patient was eligible to receive through the means of a medical malpractice lawsuit in Texas. Oftentimes, this cap doesn’t come close to properly compensating a victim for his or her injuries or accrued damages. Because of the possibility that the chances of obtaining full compensation could be small, there are many medical malpractice lawyers in Texas who will decline these kinds of cases. However, the defective drug injury attorneys with our Law Office will assist you in seeking fair restitution, whether it comes from a negligent hospital, negligent doctor, a negligent third party such as a drug manufacturer, or a combination of all of them.
There is another obstacle that oftentimes will cause Texas medical malpractice law firms from declining to help injury victims, and that is the exceptionally high standard of proof that plaintiffs must satisfy in a medical malpractice lawsuit. As we have stated previously, there are many times where medical experts must be brought into court in order to give technical, specific information regarding how medical practitioners may have committed negligence. There are many law firms that simply do not have access to these critically important medical experts. However, our Law Office has this access, and we have relied countless times on expert medical testimony that has helped our clients successfully pursued both pharmaceutical error injury cases, as well as medical malpractice cases, in Texas.
We are fearless and passionate when it comes to fighting for the rights of our clients – it does not matter one bit how huge and intimidating the drug manufacturers or other entities we fight in court may be. We also have access to medical experts who can effectively make a connection between the negligence of a medical practitioner and your injury. The drug injury attorneys with our Law Office stand ready to help you if you have experienced a further injury because of a pharmaceutical error or an unsafe drug. With our two decades of experience handling this kind of litigation, we are ready to help you as well. Our attorneys are ready to assist you in your efforts to hold accountable all the parties that are responsible for causing you further illness or harm. Please call us as soon as you can (toll-free) for a confidential and free consultation. We will go over all the circumstances surrounding your case, and tell you how we can help you obtain the just compensation you have coming to you for the suffering you have experienced.
Pharmaceutical Error Injury
Were You Hurt Due to a Pharmaceutical Error? Discuss Your Case With Our Attorneys
Every year, nearly 100,000 deaths occur because of prescription errors made by pharmacies in the United States. This statistic is according to the latest study conducted on prescription error. Also, almost 1 in 20 prescriptions are filled incorrectly every year as well.
These prescription errors are caused by doctors who make mistakes when writing prescriptions for their patients and also are caused by pharmacists filling the prescription improperly.
Pharmaceutical cases involving errors do not include product liability cases against the drug manufacturer. Pharmaceutical error cases are errors committed by doctors or pharmacists who were negligent in writing or composing the wrong amount and type of drug, the dosage, and for giving wrong information on instructions for taking the drug.
Pharmaceutical error injury cases are no different than medical malpractice claims. Both cases are complex legal matters to take on. In pharmaceutical error injury cases, it is often difficult to determine who exactly is negligent for giving the wrong type of prescription. In these cases, sometimes it is difficult to prove whether it was the doctor or the pharmacist’s fault for the pharmaceutical error. Both the doctor and pharmacist can be litigated in different ways. Bringing a lawsuit against the pharmacist is different than having a case against your doctor or hospital for the prescription error they gave you. In addition, tort reform has changed everything. Tort reform has made it difficult for individuals to seek lawsuits against medical professionals. Because of tort reform, there are very strict conditions that one must meet in order for you to hold a medical professional liable for your injury. If you do not meet the standards of these conditions for your case, then your case will have very little chance of succeeding in court.
The good news is that help is still available. The medical malpractice attorneys at our Law Office have twenty years of experience helping injured victims of pharmaceutical error injury cases. At our Law Office, our attorneys know how to handle cases involving pharmaceutical error injury cases. We know how to handle tort reform as well and know how to meet the challenges of tort reform cases. If you or a loved one were victim to a pharmaceutical error either by your doctor or pharmacist, then contact the medical malpractice attorneys of our Law Office. We will help you seek the compensation you deserve for your injuries and help you seek justice as well.
Pharmaceutical Error Lawsuits
In Texas, a victim of a pharmaceutical error injury can seek compensation for their illness or injuries through a pharmaceutical error lawsuit in Texas. A victim may seek this type of lawsuit if their doctor, nurse, pharmacist, or other medical professional prescribed them the wrong drug or the wrong dosage amount of the drug. Furthermore, pharmacy errors are a form of medical malpractice. Like we said before, tort reform makes it very challenging to pursue legal action against medical professionals. Tort reform was initiated by lobbyists representing the medical field because of all the frivolous lawsuits against medical professionals. There were so many lawsuits that tied up the court system that lobbyists fought hard to reduce the number of lawsuits and the amount by using tort reform. As a result, tort reform had a negative effect on injured victims who had a legitimate claim of medical malpractice. Some examples of how tort reform changed the way lawsuits can be sought against the medical field is when tort reform set a cap on the amount of compensation an injured victim could get with a Texas medical malpractice lawsuit. The cap that tort reform subscribed to is not enough to cover for one’s medical injuries, illnesses, or damages. Because of this roadblock, many medical malpractice attorneys refuse to handle such cases. However, at our Law Office, the attorneys do whatever we can to help make sure you are able to receive the maximum amount of compensation needed in your case. We will make sure that all negligent parties such as doctors, a negligent hospital, and all negligent third parties such as a drug manufacturer, are held accountable.
Another challenge one might face when dealing with a medical malpractice lawsuit in Texas is the standard of proof required in proving your case. The standard of proof that a person was injured because of medical malpractice is very high. This scenario prevents many law firms to reject taking cases dealing with medical malpractice because the attorneys feel they can’t provide this high level of standard of proof needed in order to win a case. It is difficult to obtain the standard of proof needed in a medical malpractice claim because the case requires that one obtains specific, technical information regarding medical experts that work to show how exactly a medical professional was negligent. Many law firms do not have the skills, education, or experience to get the access that is needed on such medical experts. However, our Law Office does have the skill and education to get this information from medical experts. At our Law Office, our attorneys have used numerous medical experts in the past to assist our clients with their medical malpractice claims and their pharmaceutical error injury cases in Texas.
At our Law Office, our attorneys are fearless when it comes to defending our clients against pharmaceutical error injury cases. The medical malpractice attorneys of our Law Office are ready to assist you if you or a loved one suffered injury or illness because of an unsafe drug given to you through a pharmaceutical error. Our attorneys bring you twenty years of experience litigating pharmaceutical error injury cases in Texas. We have helped hundreds of injured Texans get the financial compensation they deserved because of a doctor’s error or pharmacist’s error in prescribing medication and giving it. We are ready to help you with your case and help hold all the negligent parties liable and accountable for causing you harm. Call us today toll-free for a free consultation. Our staff is standing by 24 hours a day 7 days a week in order to help answer any questions you may have. Call now! Don’t wait!
Fentanyl Attorney on Fentanyl Pain Patch Recalls
Of all the dreaded diseases that plague our society, cancer is one of the worst. It is a common ailment that people in the United States are stricken with, unfortunately. Most people either know somebody who has been diagnosed with some form of cancer or have been diagnosed with it themselves.
According to the American Cancer Society (ACS) more than a million people are stricken with the dreaded disease each year in the United States. And that doesn’t include the twelve (12) million victims already living with the disease.
It used to be that being identified as a cancer patient, apart from the type of cancer, was no worse than being sentenced to death. But new technology, decades of investigation, and research funds have opened up new treatments for cancer that lead to remission. It’s the next best thing to a cure. Yet with so much focus on inventing a cure for cancer, the researchers have spent very little time on pain management with it comes cancer patients. That’s where Fentanyl pain patches come in. Fentanyl pain patches are used as pain management for cancer patients; nevertheless, the product was recalled because it has been reported as a contributing factor in the deaths of and suffering of many people.
If you are suffering from a leaky Fentanyl pain patch, call the Fentanyl lawyers at our Law Office today. We’re waiting to go over the options for your case. Your family could opt to file a personal injury lawsuit against the corporation which produced the leaky pain patch. But you should call to find out more. Your initial consultation is free.
Researchers say that victims of cancer suffer more than once: They suffer first due to their cancer cells being destroyed in the area of their body where the disease developed, and they suffer a second time because of the unbearable pain most patients experience. Although it’s not common knowledge, most people are living with an undetectable amount of cancer cells somewhere in their bodies. The term “cancer” just means there is the presence of deformed cells in a person’s body. The deformity occurs because most people don’t breathe in enough clean oxygen to help their healthy cells regenerate properly. It can happen when someone lives in a home with asbestos mixed in the building materials or they work in an old building with asbestos in the insulation. Or maybe they live in a smog-filled city and they don’t get enough exercise in the open air. So they don’t get enough oxygen for them to renew themselves normally. Cells that are cancerous also multiply in the body when you eat or drink too much white sugar. Cancerous cells feed on white sugar and it strips away the nutrition trying to replenish our healthy cells. Cancerous cells are unable to live in an oxygen-rich atmosphere. Cancer and oxygen are like oil and water: they don’t mix. The more clean air someone breaths the less cancerous cells can thrive. But when there is a lack of oxygen normal blood cells start to mutate. And those mutated cells start to regenerate. So, most people carry a small amount of cancer in their bodies throughout their lives. And that’s okay.
Cancerous cells will attack different parts of the body. And if it is not quickly diagnosed those cancerous cells start to destroy the organs that it attacks. If it’s colon cancer the patient might have to get a part of the colon removed. If it’s skin cancer the patient might have to get a skin graft. It takes a microscope to see this cellular attack going on. But self-examinations and regular doctor visits can locate unnatural lumps underneath the epidermis. Just because a patient feels healthy today doesn’t mean cancer isn’t growing somewhere undetected in the body.
They say an ounce of prevention is worth a pound of cure. Still, twelve million victims find themselves living with cancer and anxiously awaiting a cure. And that could be considered as a good thing, except the longer patients live with the disease the pain makes it harder for them to operate normally. To help cancer victims withstand their aches, medical researchers have approved and allowed the use of illicit drugs including marijuana, morphine, and Fentanyl in hospitals and by caregivers in hospices. While marijuana is known for its subtle effects, morphine is known as one of the strongest pain killers available. But Fentanyl is one hundred (100) times more powerful than morphine. And now it’s being used to treat cancer patients who are in chronic pain. Fentanyl is even used to deaden the pain of surgery patients and those in the Intensive Care Unit (ICU). The strength of the drug is indicative of the need for closer medical oversight when it is prescribed. But Fentanyl was approved for use in the privacy of patients’ homes. So, pharmaceutical companies created Fentanyl nose sprays, Fentanyl lozenges, Fentanyl inhalers, Fentanyl lollipops, and transdermal pain patches. But the patches have been a problem since day one, leaving more sickness and death in its wake. The Fentanyl patch has a leak in it that allows more of the Fentanyl to seep into the patients’ bloodstream during the three-day treatment than intended. And it could cause patients to overdose and die. Hundreds of people complained to the Food and Drug Administration (FDA) concerning the number of patients who died from using the Fentanyl pain patch. And finally, after a few hundred victims had lost their lives, the FDA forced the drug company that manufactured the Fentanyl pain patch to issue recalls. Needless to say, some of those companies are in litigation over the faulty patch.
If you think your loved one died due to a leaky Fentanyl pain patch contact the Fentanyl lawyers at our Law Office today. Call toll-free to discuss the specifics of your case. Your family might be eligible to file a personal injury case against the company that manufactured the leaky pain patch. You might also be able to file a class-action lawsuit and join other families affected by this faulty product. But you won’t know if you don’t call. Your initial consultation is free.
Fentanyl Recalls Go Back Years
Fentanyl pain patch recalls have been going on for years. Janssen Pharmaceuticals was the first company to issue a recall in 2004. At first, it was just one batch, called a lot or a group of products. A lot number is attached to every product that is made in bulk. Lot numbers assist manufacturing companies to audit and readily identify their inventory. But after the first batch of pain patches, the FDA and Janssen expanded the recall to include more lots.
Most people would shy away from a product that is plagued by problems. But when a product like Fentanyl brings in millions of dollars company executives are too greedy to turn away from that. So other companies started to manufacture their own version of the Fentanyl pain patch. But the Alza Corporation had to recall 32 million Duragesic patches in 2008 because they too leaked. Days after Alza’s vast recall, another company, Actavis, Inc., recalled fourteen lots of Fentanyl pain patches that it produced. It was the third recall in four years on the same product. Company executives pushed to keep producing the patches despite the problems. Only Alza halted production for a few months. But they resumed production in the summer of 2011. The profits must have been too much for them to ignore.
Fentanyl Brand Names and Alternative Delivery Systems
Like so many pharmaceutical drugs, Fentanyl is sold under different off-brand names. They include:
Abstral, a lozenge that is similar to a cough drop. It’s made by ProStraken, Inc.
Instanyl, a vapor nose spray which is produced by Nycomed, Inc.
Onsolis is applied inside the mouth and is made by Aveva Drug Delivery Systems
Actiq is a lollipop made by Cephalon, Inc.
Fentanyl is sold in different dose measurements with different strengths. Only the patch has been recalled. So if your physician has prescribed a pain patch to help suppress the pain of a cancer patient, call the physician or the pharmacist to get answers. Then if you need to speak with the Fentanyl drug lawyers at our Law Office, do so today. Our firm has more than twenty (20) years of experience litigating these kinds of personal injury lawsuits. If someone you know has been the victim of a leaky Fentanyl pain patch contact the Fentanyl lawyers at our Law Office today. Call toll-free to discuss the specifics of your case. Your family might be eligible to file a personal injury case against the company that manufactured the leaky pain patch. But you don’t know until you call. Your initial consultation is free.
The side effects of cancer are bad enough without having to be concerned about the side effects of the drug meant to subdue the pain. Still, some side effects of Fentanyl include:
Rapid weight loss
If the cancer victim has these signs plus seizures and irregular heartbeats, see your doctor immediately.
In addition to the leaky Fentanyl patches, patient advocates complained about what they call the misuse of the Actiq Fentanyl lollipops. These suckers have been prescribed to patients who have no sign of cancer. And some of those patients have been harmed because the lollipops were used to medicate them. This is a classic case of a product liability lawsuit. So if you were prescribed the Fentanyl lollipop and you have not been diagnosed with cancer, call the Fentanyl drug attorneys at our Law Office.
In their effort to make more money some drug company executives blindly jumped onto the Fentanyl bandwagon. They saw their profits more than they saw a way to help cancer patients live more comfortably while living with cancer. So if you or someone you know has been harmed by the negligent behavior of your physician who prescribed the medication or the drug company that manufactured it, it’s your right to file a product liability personal injury lawsuit. The attorneys at our Law Office can investigate your sickness and the medication you might be taking to collect evidence to build your case. But time is not on your side. Call our Law Office today for your free consultation.