Drug companies are expected to design drugs that are safe and effective for their intended uses and that are labeled accurately and in compliance with the law. The FDA is the government body that regulates and monitors approval, manufacture, processing, packing, labeling, and shipment of all drugs used by U.S. consumers. However, bad drugs are out there.If a drug does not have injuries, complications, or side effects properly listed and warned about, a bad drug lawsuit could result.
What are Bad Drugs?
The FDA does not do its own testing to determine whether any given drug is safe and effective for its intended use, instead, it relies on drug companies to submit the results of testing to determine safety and effectiveness of a drug. The FDA approves new drugs with the understanding that adverse events may become apparent only after a drug is marketed and used more widely and therefore requires drug companies to submit expedited and accurate reports of side effects, injuries and other adverse events that occur after approval. This is one the ways that pharmaceutical marketing influences health care.
Bad drugs include any medication that causes injuries, complications or side effects that were not warned about. We believe that consumers can make informed decisions about whether the benefits of a drug outweigh the risks, ONLY WHEN ALL RISKS HAVE BEEN DISCLOSED.
Drug companies make over $1 trillion in revenue annually with 21% of profit margins – they are profit-driven corporations that owe a duty to shareholders, not to consumers. They are bound to no ethics and lawsuits filed on behalf of injured individuals are seen as just a business expense that is required keep bad drugs on the market. In many cases, bad drugs remain on the market until either legal costs get out of hand and a settlement makes more sense, or until the FDA takes action and requires removal.
In many cases, we have found that drug companies put profit ahead of public safety by manipulating clinical data and even hiding risks from consumers in order to keep a drug profitable. When public safety is not a priority and drug companies don’t disclose risks, the drug becomes a bad drug.
It is estimated that millions of U.S. consumers are put at risk by bad drugs annually. These risk range from increased medical complications, serious injury and even death.
How Do I Join a Bad Drug Lawsuit?
Individuals injured by a bad drug have the right to file a lawsuit against the manufacturer of that drug for the injuries caused. Bad drug lawsuits are personal injury lawsuits that are often grouped together with other individuals harmed by the same drug. This common procedural technique is referred to as “consolidation” into a “mass tort” and it is to the benefit of the injured individual to join in a mass tort because it will get the attention of the big drug company quicker and will likely result in a faster and more substantial compensation than if the injured individual tried to “go it alone” in a single lawsuit.
The judge and lawyers assigned to the mass tort will do a lot of preliminary work to develop a case against the drug company and it unlikely you will need to be actively involved in the day to day activities related to your case unless you are selected as a “bellwether” case. You will need to have a detailed conversation with your lawyer to make sure he understands your medical history and injuries and you will need to provide medical information, but, in many cases, you will likely be waiting for a while to learn of the case against the drug company.
Rest assured, that even if your case is part of a mass tort case against a large drug company, McKay Law will treat your injuries and medical history and your financial needs separately and you can always reach out to your McKay Law team to get an update on your case.
Who Do I Sue in a Bad Drug Case?
We only sue drug companies in bad drug cases – your doctor or another healthcare provider will not be part of this case. If you believe you have a medical malpractice case, you will need to discuss that with us separately.
How Do I Choose a Bad Drug Lawyer?
One of the biggest make-or-break decisions you will face during the process of filing a bad drug lawsuit is choosing the right lawyer. A bad drug lawyer must be ready to handle multiple bad drug cases at one time. They must have the resources and experience to fight the most profitable companies and the highest paid defense lawyers in the world.
The best way to determine if your lawyer is a good fit is to simply just ask.
Consider asking these questions to your potential bad drug lawyers:
- Do you charge a retainer / are there any upfront cost?
- Do you work on contingency / How will I pay you?
- What is your experience with a pharmaceutical law / bad drug lawsuit?
- Will you be transparent throughout each step of the case?
- Do you currently have any other cases like mine?
There are a lot of costs involved in a bad drug lawsuit. A lawyer who works on contingency is preferable. If your lawyer does not offer a contingency arrangement, make sure that they cover the filing costs and general costs of building your case.
You want your bad drug lawyer to be just as motivated to win as you are. If your lawyer is financially invested in your case, they have a greater incentive to make sure that you receive the best outcome possible.
A lawyer working on contingency will be the most motivated to win a large settlement. If they don’t, it comes out of their pocket. Lawyers that offer contingency arrangements will be more honest with their expectation of your case. They aren’t going to pay for your case if they don’t think you have a chance of winning.
With the high costs involved in bad drug lawsuits, it is best to find a lawyer who works on contingency.
List of Current Bad Drug Lawsuits
With the consistently high influx of new drugs coming to market and manufacturers continue to be dishonest with their drugs’ potential health risks, the list of bad drug lawsuits will continue to change and grow. You can find a more detailed list of McKay Law’s current bad drug lawsuits here.
If you have suffered any injury because of a bad drug that is not currently on McKay Law’s list, please reach out to us and we will look into it for no charge. Most importantly, be sure to contact a bad drug lawyer right away. Many states have time limits on when you can file a bad drug lawsuit and you may be barred from filing if you wait too long.
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Why McKay Law?
Millions in recoveries for our clients.
More than 13 years of combined experience in the law industry.