Dangerous Drug FAQ

Dangerous Drug FAQ

Our Ohio dangerous drug lawyers have extensive experience helping people seriously injured because of unreasonably dangerous prescription medications without a warning to doctors and patients. Here are answers to some of the most frequently asked questions about dangerous drug cases.

Frequently Asked Questions About Dangerous Drug Cases

What should I do if a medication that I am using has been recalled?
If you suspect that a drug you are taking is causing side effects or if the drug has been recalled, first contact your doctor to discuss your treatment options and safe alternatives. If you believe you have suffered injury because of a dangerous drug, you should call an experienced dangerous drug lawyer.
What medications are you currently investigating?
The list of dangerous drug claims we are investigating is available on our Dangerous Drugs page. We closely monitor news from the Food and Drug Administration to stay informed regarding new developments and warnings for drugs. If you have suffered an adverse side effect from a drug you are using, contact our office.
Is the medication manufacturer liable for my injuries?
Pharmaceutical companies have the duty to ensure that the drugs they design, manufacture and market are safe and to warn consumers of potential risks. If the drug maker fails to meet these obligations, it can be liable for injuries. In addition, other entities such as the distributor may be liable.
Do I have a claim against my doctor for prescribing the medication?
Generally speaking, no. The prescribing physician normally relies upon the representations of the manufacturer and the FDA. We do not ordinarily pursue claims against the prescriber.
What does “off-label” use mean?
“Off label” use means that the medication is being used in a manner not specified in the Food and Drug Administration’s approved label. “Off-label” prescribing is very common and completely legal. By some estimates, about twenty percent of outpatient prescriptions are for “off-label” use.
If the Food and Drug Administration has approved my medication, do I still have a claim?
FDA approval does not preclude lawsuits against the pharmaceutical company.
Why are there so many recalled and dangerous drugs?
Pharmaceutical manufacturing is a multi-billion dollar industry. Sometimes, drug trials – testing of the drug prior to marketing – are insufficient. Sometimes key facts from clinical trials might be omitted or covered up in order to obtain FDA approval. Often times, it takes time – sometimes years – before a sufficient number of adverse drug events are linked to the drug. Drug recalls generally occur after the Food and Drug Administration has received a significant number of reports of adverse effects from physicians.
In 2008, 426 drugs were recalled. The following year – 2009 – 1,742 pharmaceuticals were recalled. Experts report that over 20 million Americans have taken a drug that was recalled.
What are my rights?
If you or a loved one has suffered due to a dangerous medication, you may be entitled to compensation for your medical costs, lost wages, decreased earning capacity as well as pain and suffering.
Will my claim be part of a class action?
Usually, claims for injury caused by dangerous drugs are individual claims. However, where hundreds or thousands of consumers suffer injury after ingesting the same drug, the claims are sometimes consolidated in a federal multi-district litigation, or ‘MDL.’
What is an MDL?
“MDL” stands for “multi-district litigation.” When a great number of cases involving the same issues arise, those cases can be consolidated into an MDL. Consolidating cases into one federal court heard by one judge results in uniform treatment and results for all consumers and often saves substantial time and expense.
What are “bellwether” trials?
By definition, a “bellwether” is an indicator or forecaster of a future trend. A bellwether trial is the trial of a representative plaintiff’s claim, the result of which acts as a “bellwether” for the other plaintiffs with the same claim. Courts use bellwether trials in MDLs because it is often not possible to bring hundreds or thousands of cases to trial The results of bellwether trials are helpful in settlement negotiations.
How long does it take to receive compensation?
A dangerous drug lawsuit is a complicated matter and is seldom resolved quickly. There is no standard answer, however, it is not uncommon for dangerous drug claims to take 3-5 years to resolve.
A family member died as a result of a using a medication. Can I file a claim on their behalf?
Claims for injury or wrongful death of a deceased person may be pursued by the legal representative of the estate.