Many Prescription Drug Makers have marketed dangerous or defective medication that did not warn the consumer of side effects including bodily harm and even death.
Prescriptions exist to ensure that medication is only taken under the advice of a healthcare provider.
Patients trust the companies who make the medicines to be honest and open about what the medication can do, and what risks there are in taking it.
When that trust is broken, and patients are injured, they have the right to compensation for their injuries and suffering.
Civil Liability For Prescription Drug Manufacturers That Have Injured Consumers
There are many examples of patients who were injured by pharmaceutical drugs they were prescribed.
In some cases, the victims have been able to win money judgments for their injuries in lawsuits against the drug companies that manufactured the prescription medicines.
Under Federal and Texas state civil laws, a person or company is legally responsible for harm they cause if they are acting:
Negligence is the legal term for carelessness.
Some manufacturers were not cautious and careful enough in researching their medication to understand its dangers before putting them on the market.
Reckless means a person understands their behavior is very risky and may hurt others but ignores the risk.
Some manufacturers had certain doubts about their products based on reports by consumers or health providers, but took the risk and pushed to sell them anyway.
People and companies are responsible for actions and behavior they do on purpose.
In the worst cases, some pharmaceutical companies actually knew of a medication’s danger and hid the information to have the medication approved or marketed.
Even if it was an accident, a person who acts negligently, recklessly or intentionally and harms another usually must pay for the other injured victim’s bodily injuries and property damage. That can include:
- Medical Bills (including ongoing care)
- Lost Wages
- Anguish and Trauma
Someone who is injured can file a tort lawsuit. If many people have been injured by the same medication, they can combine their lawsuits into a mass tort lawsuit.
But winning a prescription drug personal injury lawsuit can be complex.
It can include investigating medical studies, corporate publications and using testimony from experts on how the medication caused an injury. This is not easily done, particularly when drug companies show up with an army of lawyers.
If you have been injured by a medication you were prescribed, speak to an Austin personal injury attorney with experience in prescription drug lawsuits and mass tort law.
A lawyer can evaluate the specifics of your story, and see if other people have been injured by the medication. Your attorney can advise how to prove your case, in order to receive compensation for your damages.
What is a Tort?
A tort is a legal violation of someone’s rights under civil law (as opposed to criminal law.) For example, a person or company can commit both the crime of assault, and the civil tort of assault.
The person or company who commits a crime or tort is known as the defendant.
A Crime is Addressed By the Government’s Prosecutor
The prosecutor charges the defendant in criminal court. The prosecutor can ask the court to punish the defendant with:
- Criminal Fines
- Penalties like Losing an Occupational License
- Restitution like Community Service
- Ongoing Monitoring like Probation or Drug Testing
A Tort is Addressed By the Person Who was Injured, Known as the Plaintiff
The plaintiff files a lawsuit in civil court. The plaintiff can ask the court for a:
- Money Judgment against the defendant to pay for the plaintiff’s injuries
- Court Order that the defendant must repair the plaintiff’s damage
We Have Always Helped People Who Were Injured By Prescription Drug Side Effects.
Prescription and over-the-counter drug cases are typically more complicated than the average fender-bender. Showing how a medication caused an injury can require legal and scientific expertise which many Austin personal injury attorneys simply do not have.
Justinian & Associates has focused on the medicinal sector of personal injury law since we were founded. We have successfully represented many victims harmed by prescription and over-the-counter medications.
Our prescription-drug law practice is based out of our San Antonio office, and we have a team of dedicated attorneys and paralegals who work every day to hold pharmaceutical companies accountable when their drugs have unintended or undisclosed side effects.
Justinian & Associates’ Federal Drug Administration Database
Our injury law firm has developed an internal database containing every complaint filed with the Federal Drug Administration (FDA) since 2004. No other law firm that we are aware of has invested in creating such a comprehensive database.
We use the database and other scientific research and resources to determine if a drug has been known to cause the type of injuries in question. If the drug is responsible, we then advise a person whether or not we can handle a prescription drug lawsuit for them.
If you believe you have been injured by a particular medication, call, text or email Justinian & Associates for a free consultation, and an attorney (not a “screener”) will offer our clear assessment of your rights and options, at absolutely no cost to you.
Speaking to an Austin Personal Injury Lawyer at Justinian & Associates Costs Nothing
We offer an entirely free consultation with a seasoned attorney (not a paralegal or “screener,”) who will listen to the details of your case and explain your rights under U.S. and Texas law.
We offer cutting edge communications technology, but are ready and willing to meet you in person while you recover at the hospital, or wherever is convenient.
We’re here to listen 24/7. No obligation. Call, text or email us now.
Prescription and over-the-counter drugs that may cause injury
If you took one of these drugs and would like us to investigate your potential case, please contact us and we will be glad to help.
- Mirena: We’re representing women who developed pseudotumor cerebri while using a Mirena birth control device. This rare condition causes increased pressure inside the skull.
- IVC Filters: IVC blood clot filters were designed to prevent blood clots, but som etimes not only fail to prevent blood clots but may actually cause them. Our lawyers are representing individuals who suffered from pulmonary embolisms, strokes, and other serious cardiovascular injuries aft er being implanted with an IVC filter.
- Viagra & Cialis: Both of these drugs are associated with an increased risk of melanoma in men, and our law firm is working to hold the manufacturers accountable to our clients.
- Essure: We represent a number of women who have suffered from serious side effects of their Essure device, such as internal perforation or catastrophic failure of the Essure device.
- Metal-on-Metal Hips: We are extensively involved in litigation against the manufacturers of Metal-On-Metal hips because of the complications associated with those devices, such as metallosis and failed hip replacements.
- Bair Hugger Air Warming Device: We represent a number of individuals who suffered severe infections after a Bair Hugger was used during their joint-replacement surgery.
- Power Morecellators: It’s recently been discovered that Power Morecellators used for laparascopic hysterectomies and fibroid removals have been associated with an in creased risk of uterine cancer.
- Abilify: Our firm is investigating whether usage of Abilify can lead to compulsive g ambling in individuals who never before gambled compulsively.
- Proton Pump Inhibitors (Nexium, Prilosec, & Pepcid): Our firm is representing individuals who took these over-the-counter drugs and later developed severe chronic kidney disease.
- Onglyza: The Type-2 Diabetes medicine Onglyza may lead to an increased risk of pancreat ic cancer. We are accepting cases from individuals who developed pancreatic cancer whi le taking Onglyza.
- Invokana: This Type-2 Diabetes medicine has been shown to increase the risk of urinary tract infections, elevated blood acid, severe kidney disease, and even strokes and heart attacks. Our lawyers are working to hold the makers of Invokana accountable for our clients who suffered t hese side effects.
- Talc: Talcum powder sold by companies like Johnson & Johnson has been shown to cause ovarian cancer in women who used it daily after showering. We’re fighting hard on behalf of our talcum powder clients.
- Taxotere: Many of our clients who suffered first from breast cancer and then from permanent hair loss caused by Taxotere feel more hurt by the permanent hair loss. We are representing a number of women whose hair will not return after using Taxotere during their cancer treatment.
- Fluoroquinolones (Cipro, Levaquin, and Avelox): We represent individuals who took these antibiotics and were then diagnosed with peripheral neuropathy, other types of severe nerve damage, and aoritic dissection.
If you’ve been injured or have experienced an adverse side effect to a prescription drug or medical device — even if it’s not listed above — don’t hesitate to contact us to see how we can help you!