While the Food and Drug Administration (FDA) regulates prescription drugs before they hit the market, there have been cases in which manufacturers hide potential risks associated with their products. This can create unsafe medication, resulting in serious injuries to many people and sometimes culminating in a product liability mass tort or class action lawsuit.
If you took a dangerous drug that caused you injury, you may be eligible to pursue compensation from the drugmaker. It is best to get in touch with our Dallas product liability lawyers for cases like these, as pharmaceutical companies often have vast resources and large legal teams on their side. At Loncar Lyon Jenkins, our Dallas dangerous drugs lawyer fights for our clients’ rights to compensation when they are harmed by these large corporations.
Our Dallas Lawyers Can Take on Different Dangerous Drug Cases
Our dangerous drug attorneys are committed to serving clients in Dallas and throughout Texas. We understand that injuries caused by dangerous and defective drugs can be debilitating and life-altering. No matter how big the drug company is, we will not hesitate to go toe-to-toe with the at-fault parties to help you get the compensation that you deserve. Our drug liability practice areas include:
With extensive experience handling dangerous drug cases, the attorneys at Loncar Lyon Jenkins has gained an intimate knowledge of the pharmaceutical industry and applicable laws. We are aware of the tactics used by unscrupulous pharmaceutical companies to intimidate injury victims, and we will not be put off by their aggressive methods. We will vigorously defend your legal right to fair compensation for your losses from dangerous prescription drugs.
Our Dallas Lawyers Have Handled Dangerous Drug Cases Before
Loncar Lyon Jenkins has represented clients in a wide variety of cases involving dangerous prescription drugs. Just a few are listed below.
- Zantac and drugs containing valsartan: potential risk of cancer
- Belviq and related drugs: potential risk of cancer
- Truvada and other “TAF” drugs for HIV: potential to cause bone breaks and kidney damage
- Xarelto and similar blood thinners: potential to cause excessive, dangerous levels of bleeding
Since 1999, Loncar Lyon Jenkins has gone up against so-called Big Pharma for unsafe drugs put on the market. Our dangerous drug lawyers have the experience necessary to stand up to the pressures these resource-rich companies often apply. We are also able to negotiate appropriate settlement amounts in most cases. And when negotiations don’t work, we are not afraid to take your case to trial and let a jury see the harm these drugs have caused you.
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Our Attorneys Know What It Takes to Build a Dangerous Drug Case
The process of building a case for compensation is complex and involves elements like proof of fault, proof of harm, and meeting specific legal deadlines.
The personal injury attorneys at Loncar Lyon Jenkins can handle all the complicated parts of your case for you so that you and your family can focus on healing.
For product liability claims, a branch of personal injury law that includes dangerous drugs, you will need to show several facts to help influence the apportioning of fault in your case. For example, your Dallas dangerous drugs attorney may need to show that:
- The drug was excessively risky or dangerous, resulting in serious potential harm.
- The manufacturer was aware of this danger.
- There were better, safer alternatives to use while developing the drug during manufacturing.
- Your injuries resulted from reasonable use, rather than a misapplication of the drug (i.e., overdosing or failing to follow drug guidelines).
Establishing the Liable Party
Your lawyer will use scientific studies, expert testimony, witness statements, medical records, and other evidence to establish who was at fault. The at-fault party in a dangerous drug liability claim could be anyone in the drug distribution process, including the:
- Drug developer or designer
- Drug manufacturer
- Drug testing laboratory
- Drug marketing company
- Drug packaging or labeling company
- Doctor who prescribes the drug
- Nurse who provides drug use instructions
- Pharmacist who compounds or dispenses the drug
All the above individuals and organizations have a duty to ensure that patients receive safe and appropriate drugs in the correct dosages. Drug manufacturers, for example, must meet strict FDA standards to ensure that a drug is safe for distribution. If they provide incorrect information or omit important details, the drug manufacturer has violated their duty of care and can be held liable.
Establishing That Other Parties Could Be Liable, Too
Similarly, if a doctor prescribes an incorrect drug or dosage, they may be held liable for the patient’s resultant injuries.
Determining fault in a dangerous drugs liability case is an extremely complex process best handled by a personal injury lawyer from our firm. Your lawyer will establish who was at fault for your injuries and determine the monetary value of the damages you incurred as a result. Let us help you hold the responsible parties accountable for the harm caused by dangerous medications.
Outlining the Damages Owed to You
“Damages” is the legal term for the total of ways your injury has harmed you. These can be either economic (i.e., financial) or non-economic in nature. Since pharmaceuticals affect patients differently, the injuries caused by dangerous drugs can be psychological, emotional, physical, and financial. Examples of the types of harm you might experience include:
- Bills for medical care, both past and future
- Lost wages because of an injury or illness caused by the drug
- Emotional distress
- Significant personality changes or mental health issues caused by the drug
- Pain and suffering
- Reduced quality of life
Some patients may be eligible for punitive damages, but this type of compensation is uncommon. We will make sure to pursue any and all applicable damages to get you just compensation for your losses.
Proving Your Losses
To prove that these damages exist and should be compensated, a dangerous drugs lawyer from Loncar Lyon Jenkins can use a variety of evidence. Your medical records can show the effects caused by your consumption of the drug, for instance. Expert testimony from doctors and other professionals can also shed light on the situation by reporting relevant symptoms and conditions. For non-economic damages, typical items of evidence may include your personal testimony about the pain you suffered or the testimony of friends and family regarding a change in your mental state due to the drug.
Establishing that the medication was unsafe can be challenging, as negligent drug manufacturers may try to say your injuries are coincidental and totally unrelated to your use of the medication. While we have all seen prescription drug commercials listing common side effects of medication, this does not mean every manufacturer or prescriber is off the hook.
Lawyers typically have to show a pattern of similar injuries from other patients or show a general trend of harm related to the medication. We might even have to establish that a medical provider violated a standard of care and gave you a medication that would give you an adverse reaction. Keep a record of the harmful effects you have experienced, as this can help support your claim.
Filing Dangerous Drug Claims on Time
There are many hoops through which a claimant must jump to have a valid case in the eyes of the justice system. For starters, you’ll need to abide by the filing deadline (also known as the statute of limitations). Most cases of dangerous drug injuries will need to be filed within two years of the injury, according to Texas Civil Practice and Remedies Code § 16.003, but there are exceptions.
Sometimes the injury caused by a defective pharmaceutical may not become apparent for years. In that case, the statute of limitations may begin when you discover your illness or injury. Determining the statute of limitations for Texas dangerous drug liability cases can be difficult, so it is best to speak with one of our lawyers to be sure.
While two years may seem like sufficient time to file your lawsuit, remember that your attorney must be able to compile the necessary evidence to prove fault before they can file suit. You should, therefore, reach out to our drug liability attorney as soon as possible after you discover your injury. By contacting us right away, you meet critical deadlines and ensure the best chance for a favorable outcome.
Let Our Personal Injury Attorneys Get Started on Your Dallas Dangerous Drug Lawsuit
All clients deserve to have their stories heard. Loncar Lyon Jenkins offers a free, no-obligation consultation on each client’s case so that we can better understand how we can help. If you were prescribed a drug that had serious adverse effects, you might be entitled to compensation from the manufacturer. We will work with you to determine whether you have a valid claim.
If so, we can help you establish the value of your claim and decide on your next steps. Call Loncar Lyon Jenkins today. You can also fill out the form on our contact page to provide us with the necessary information about your case, and a member of our team will respond to you as soon as possible. It’s time to hold Big Pharma accountable!