how can a product liabilty attorney help my drug case

An attorney who understands the complexities of bad drug cases can help subpoena records, locate expert witnesses, negotiate with insurance companies and opposing counsel, and represent you during a trial if necessary. If you’re having trouble locating an experienced product liability lawyer in Texas, consult our free online directory. Downloads:

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How can a product liability attorney help my claim?

Lawyers who specialize in product liability are in the best position to help you determine whether your claim has merit and is likely to result in compensation. They are also best equipped to decide how to negotiate with drug and medical device companies to reach a potential settlement in …

What are drug-related product liability claims?

Do Not Sell My Personal Information. 7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-03-14_10-28-20. If you have been injured by a pharmaceutical drug you used, you may have a defective products claim. Pharmaceutical-drug-based product liability claims are similar to other defective product claims, but pharmaceutical-related injury ...

What is product liability law?

Jun 07, 2019 · Because there are many possible levels of professional liability, a products liability attorney will be an important ally to help a plaintiff determine who may be liable in their case. Unavoidably Safe Products: Some prescription drugs are considered “unavoidably unsafe”. This means that no matter how carefully they are manufactured and dispensed, their safety cannot …

Are drug manufacturers liable for products liability?

Dec 04, 2018 · Often the lines of liability are blurry, and an experienced products liability attorney can help a plaintiff determine who may be at fault for resulting injuries. Unavoidably Unsafe Products Some prescription drugs are considered "unavoidably unsafe" products , which means that they cannot be made completely safe no matter how carefully they are manufactured.

How do you win a product liability case?

Although the particulars vary from state to state, products liability law usually requires that you prove all of the following things (these are called the "elements" in your claim) in order to win: You were injured or suffered losses. The product is defective. The defect caused your injury.

How do you prove negligence in product liability?

The theory of negligence is satisfied through five elements: the manufacturer owed a duty to the plaintiff, manufacturer breached that duty, the breach was the actual cause of injury, the breach was the proximate cause of injury, and actual damages were suffered by the plaintiff as a result of the negligent act.

What is the most common cause of product liability claims?

Manufacturing defectsManufacturing defects are the most common cause of product liability claims. A lawsuit based on a manufacturing defect alleges that the original design of the product is completely safe, but that something happened during the manufacturing process to make the product unsafe.Sep 20, 2021

Who can recover damages in product liability cases?

PlaintiffsManufacturing companies, distributors, and sellers can be held responsible based on the theory of negligence, strict liability, or breach of warranty. Plaintiffs can recover compensation for their economic and non-economic damages.

What are the three defects that justify a product liability case?

There are three types of product defects: design defects, manufacturing defects, and warning/instruction defects. All three types of defects have to do with a product being faulty or inadequate in some way.

What are the four 4 elements required to be proven in a products liability action based on negligence?

In order to establish negligence, you must be able to prove four “elements”: a duty, a breach of that duty, causation and damages.Apr 30, 2019

What defenses to liability can be raised in a product liability lawsuit?

Unrelated injury: A straightforward but sometimes effective defense to product liability claims is to argue that the plaintiff's injury is unrelated to the product. If the defending company can show that the injury was caused by something else or was preexisting, then it could protect it from liability.Apr 1, 2021

What kind of lawsuit is a product liability case?

A product liability lawsuit is a legal action that the plaintiff (a consumer) brings against the manufacturers, distributors, and/or retailers of a product that injured them by virtue of a defect of design, manufacture, or marketing. Some product liability lawsuits are individual actions.

What are defects of product liability?

Defects may occur due to poor workmanship, careless packaging or assembly, faulty design, failure to warn of risks or hazardous consequences if a product is not used as intended, and so on. Liability for a defective product that causes injury is the responsibility of all sellers in its distribution chain.Oct 7, 2019

What are the remedies for nuisance?

There are three possible remedies where a defendant is found to have committed a nuisance; injunctions, damages and abatement. Injunctions are the main remedy, and consist of an order to stop the activity causing the nuisance.

Are punitive damages awarded in strict product liability cases?

California courts are more likely to award punitive damages in product liability cases when certain circumstances exist, such as: the manufacturer knowingly marketed a defective product, a manufacturer intentionally did not perform tests to validate the product's safety, or a manufacturer did not reveal known dangers ...May 4, 2018

Which of the following must a plaintiff generally show in order to recover in a product liability lawsuit?

Which of the following must a plaintiff generally show in order to recover in a product liability lawsuit? That the product is defective and also that the defect existed when the product left the defendant's control.

What happens if you are injured by a drug?

If you have been injured by a pharmaceutical drug you used, you may have a defective products claim. Pharmaceutical-drug-based product liability claims are similar to other defective product claims, but pharmaceutical-related injury claims have a number of special features, which are discussed below. (To familiarize yourself with the basics of ...

What is the final point in the chain of distribution of a drug from the manufacturer to you?

Pharmacy . Your pharmacy is often the final point in the chain of distribution of a drug from the manufacturer to you. The pharmacist's counseling regarding use of the drug that injured you may constitute an additional basis for the pharmacy's liability. Talk to a Lawyer.

Who gives bad advice?

The "bad advice" may have been given by the manufacturer or by a doctor, pharmacist, sales rep, or some other medical provider. Keep in mind that your defective product lawsuit may include a combination of claims. For example, a claim based on a drug with a dangerous side effect may be coupled with a claim based on the failure to warn ...

Prescription Drug Product Liability – Terms to Understand

In order to understand if you have a drug liability case, it is important to understand some of the more common terms used in the pharmaceutical industry.

Types of Prescription Drug Product Liability

There are 3 basic types of claims in this category. A defective product lawsuit may include a combination of these claims.

About the Author: Zachary C. Cole, Esq

Throughout my career, I have taken over 30 cases to jury trial and negotiated exceptional outcomes to countless others. I focus my practice areas on personal injury, wrongful death, medical malpractice, and criminal defense.

What is pharmaceutical liability?

Pharmaceutical Drug Liability. Drugs and medicines are frequently at the center of products liability suits. Manufacturers of these products have a duty to appropriately test the drugs and medicines before releasing them into the market, using testing criteria from the U.S. Food and Drug Administration (FDA).

What is product liability?

Product liability actions are often quite complex, and establishing legal fault often requires the assistance and testimony of experts. There are several theories under which a plaintiff might bring a claim, and several defenses that might defeat such a claim.

Why can't a plaintiff identify the manufacturer of a defective product?

In some drug-related injury cases, the plaintiff will not be able to identify the precise manufacturer or supplier of the defective product because enough time has elapsed that the evidence is no longer available, such as in cases involving drugs ingested during pregnancy.

What is the duty of a drug manufacturer?

A drug manufacturer has a duty to warn of side effects of a drug when such effects are understood to occur, but is not expected to warn of unknown dangers. Often the manufacturer discharges this duty by providing the necessary information to the patient's prescribing physician or to the pharmacist.

Is prescription medicine unsafe?

Some prescription drugs are considered "unavoidably unsafe" products, which means that they cannot be made completely safe no matter how carefully they are manufacture d. Such drugs may have potentially harmful side effects, but may be beneficial to the user nonetheless.

Is there a duty to warn about reactions?

There is no duty to warn of possible reactions in unusually susceptible consumers, however, but just because a reaction is rare does not mean the manufacturer has no duty to warn about it or that the persons experiencing the reaction are unusually susceptible.

Does FDA licensing affect liability?

These criteria are regarded as industry standards, but the fact that a drug was properly licensed by the FDA has no effect on the manufacturer's liability to an injured plaintiff, if the drug proves to be otherwise defective.

What Should I Look for in an Attorney?

When it comes to the firm you should choose to represent you in a drug liability case, choose a team with proven experience and success. The lawyers at Power Rogers know what we're doing-the results speak for themselves. We've recovered over $4 billion for our clients.

What is a Mass Tort?

A mass tort is when multiple plaintiffs collectively pursue compensation against a single defendant responsible for an injury or damage, such as a corporation. Drug product cases are often mass torts.

What is product liability law?

Product liability law provides the victims of dangerous products with legal recourse for any injuries suffered. Generally, a product is required to meet the ordinary expectations of a consumer. A product that has an unexpected defect or danger does not meet consumers' ordinary expectations. A number of different parties may be held liable ...

What are the theories of product liability?

This section explains some of the most common theories, including negligence, strict liability, tortuous misrepresentation, and breach of warranty.

What is a res ips?

In Res Ipsa Loquitur (or "res ips") cases, the plaintiff doesn't have to prove the product defect exists. Res Ipsa Loquitor is Latin for, "the thing speaks for itself.". It means that the product defect is so clearly obvious, having to prove its existence is not legally required. Products Liability and Guns.

How to identify a product defect?

To identify a product's defect, the victim (and her attorney) may have to go through an intense pre-trial discovery process. Some product liability cases are exempt from the difficult and expensive pre-trial discovery process. In Res Ipsa Loquitur (or "res ips") cases, the plaintiff doesn't have to prove the product defect exists.

Can a gun manufacturer be held liable for a defective firearm?

Unlike some products, defective firearms and explosives do not make a manufacturer strictly liable for resulting injuries.

Who is liable for a gun injury?

An overview of product liability in cases involving gun injuries. Depending on the circumstances, the manufacturer, seller, distributor, or owner of a firearm may be held liable for a gun injury under a theory of product liability or negligence.

Is it better to settle a product liability lawsuit or go to trial?

Whether it's better to settle a product liability lawsuit or go to trial depends on the circumstances surrounding your case and what you hope to get out of your claim. Therefore, it is imperative that you carefully consider every aspect of your unique situation to determine if the offered settlement is adequate.

What is product liability?

The jurisdiction in which the product liability case is filed will determine the liability of those involved in the chain of commerce as the defective product passes from the manufacturer to the consumer. A person or company can be held liable for a number of products ranging from faulty medical devices to foods that cause food poisoning.

What is strict liability in manufacturing?

Based on the theory of strict liability, a manufacturer is liable for any manufacturing defects that occur as a result of faulty construction, regardless of whether they took care throughout the manufacturing process. The plaintiff needs to prove that the defect allegedly responsible for their injury was present at the time of departure from the factory where the good was produced.

What is breach of duty in a lawsuit?

A "breach of duty" can be shown if the plaintiff can prove that the defendant knew or should have known that the product was defective. The plaintiff must also prove that the defective product caused their injuries.

What is design defect?

A design defect is a flaw in the original blueprint of a product that causes it to be unreasonably dangerous and creates a hazard for potential users. This type of defect will typically be found in all of a company's manufactured products.

What are the two categories of product defects?

The two primary categories of product defects under federal law are design defects and manufacturing defects .

What evidence can be used to prove causation?

Evidence that can help to prove causation can include samples of food from the same batch from the manufacturer or supplier, evidence of bacteria or microorganisms in both the victim and the food supply, or, if possible, the actual product that was consumed.

What is the purpose of a warning label?

According to ANSI, a warning label should: Inform the consumer of existing hazards. Inform the consumer of the severity of the risk involved with the particular product.

Who can be defendants in a product liability lawsuit?

Manufacturers and other parties who helped create or sell the product can be defendants in product liability lawsuits because they are liable for the harm a product caused to the plaintiff (the victim bringing the lawsuit).

What is product liability?

Product liability lawsuits are not limited to any particular type of product, and cover everything from power cords and coffee makers to semi-trucks and airplanes, without any price or size restrictions. The faulty, defective, or ill-labeled product can be something laypeople use on a daily basis, something used in the industrial context, ...

What was Owens Corning's asbestos lawsuit?

Also in 1998, the Owens Corning Corp. settled for $1.2 billion in an asbestos-related product liability lawsuit. Around 176,000 plaintiffs claimed that the corporation’s asbestos building materials caused them to develop mesothelioma cancer. Some of the plaintiffs were families of victims who had died from the cancer.

What did Lanzo say about asbestos?

Lanzo alleged in his lawsuit that he developed cancer from his exposure to asbestos in the defendant company’s talc-based products. In 2002, Philip Morris, (now Altria Group Inc.) was sued by a woman who had developed lung cancer. She alleged that her cancer was the result of smoking the company’s cigarettes.

What is transvaginal mesh?

The product, transvaginal mesh, is an implant that the medical community uses to treat stress-based incontinence and pelvic organ prolapse.

How much money did Dewayne Johnson get in the case of Monsanto?

In Johnson v. Monsanto Co., a California jury awarded Dewayne Johnson $289 million in damages after he was harmed by Monsanto’s Roundup product. Mr. Johnson’s lawsuit was the first of the Roundup-cancer-lawsuits to make it to trial.

What was Risperdal intended to treat?

Risperdal was intended to treat symptoms of Autism. The crux of the lawsuit was that the company had falsely marketed the drug and failed to warn patients about the side effects. The lawsuit also accused the company of falsely marketing the drug to children and failing to warn doctors of the side effects.

What did the plaintiffs claim about Vioxx?

Plaintiffs claimed that Merck’s anti-inflammatory drug Vioxx® caused heart attacks and strokes. Merck suffered setbacks early in the litigation in state courts in Texas and New Jersey. In the federal MDL in New Orleans, Merck was facing five bellwether jury trials in less than twelve months. Merck retained Bartlit Beck to be its lead trial lawyers in the federal cases. We tried all five cases, winning outright defense verdicts in four of five trials. These results were widely credited with making possible the eventual settlement of tens of thousands of claims. At the settlement stage, we participated in the design and negotiation of the Vioxx personal injury settlement. We subsequently represented Merck in consumer class action litigation, and third-party payor litigation, which the company also successfully resolved.

What was Bayer's drug?

Plaintiffs claimed that Bayer’s drug Baycol® caused a rare muscle disorder called rhabdomyolysis. Baycol® was withdrawn by the FDA and Bayer faced tens of thousands of claims in a federal MDL in Minneapolis, coordinated cases in state courts in Philadelphia and Houston, and individual cases in state courts around the country. Bayer retained Bartlit Beck as its national and lead trial lawyers. Our team tried the first case, which was a case plaintiffs selected to be tried in the plaintiffs’ chosen venue of Corpus Christi, Texas. The plaintiff in this case sought over $550 million. The case was closely watched for its effect on the thousands of other Baycol® cases pending throughout the country. We won a complete defense verdict. This immediately sent Bayer’s stock price up 39 percent, and marked the beginning of the end of the Baycol® litigation.

What is Trasylol used for?

Plaintiffs claimed personal injuries, including kidney failure and death, from their use of Trasylol ®, a drug used to reduce bleeding during open-heart surgery. The litigation involved an MDL in Florida as well as cases in several state courts. Bayer retained Bartlit Beck as national counsel and lead trial counsel. We identified and implemented a national strategy that resulted in no adverse verdicts or judgments against Bayer. Significant victories in the litigation included: prevailing on a Daubert challenge that effectively precluded plaintiffs’ regulatory expert from testifying at trial; excluding any evidence regarding plaintiffs’ claim that Bayer withheld from the FDA results from a study regarding the safety of Trasylol®; and winning summary judgment in two bellwether cases (one of which plaintiffs hand-picked as one of their top cases) and defending these judgments on appeal to the 11th Circuit.

Who represented AstraZeneca in the trial of Seroquel?

Plaintiffs filed tens of thousands of cases alleging diabetes caused by the antipsychotic medication Seroquel®. AstraZeneca retained Bartlit Beck as one of its trial counsel, and to provide strategic direction, in this mass tort litigation. We represented AstraZeneca in a series of trial cases, several of which plaintiffs selected for early trials, to be tried in state court in Delaware. In every case, the court granted summary judgment for AstraZeneca before trial. AstraZeneca was ultimately able to resolve the litigation, on favorable terms, after trying and winning a single case.

Does Bayer still make Xarelto?

Xarelto remains approved in the United States and around the world as part of a new generation of anticoagulants that prevent dangerous blood clots, including those that cause strokes. More than 20,000 claims have been filed in an MDL proceeding, coordinated state court litigation, and in other jurisdictions. Plaintiffs seek both compensatory and punitive damages.