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When a medication causes illness or death, hiring a drug injury lawyer is needed to represent victims in an effort to recover loss in the form of financial compensation. Following the directions included with any medication should mean that they are safe to take, but sometimes they can cause adverse reactions with devastating results.
These types of cases require an attorney who is not only willing to stand up and fight to obtain victory in the form of financial recovery and compensation for losses, but one that is an expert in every complicated detail of the case. These cases are different from typical personal injury cases in that the insurance company, pharmaceutical company and sometimes government agencies often fight to keep the information about a harmful drug out of the public’s eye.
The details involved in medical cases are complex. Symptoms are sometimes difficult to diagnose, are not always clear cut and do not always show up immediately. An attorney who specializes in these cases needs to not only know the law as it relates to this matter, but also learn the specific skills needed which include developing a network of relationships with pertinent experts.
A knowledgeable drug injury lawyer knows which category of regulations the specific harm falls under and will go to work on their clients behalf to recover adequate compensation.
Sometimes these matters fall under vague or gray areas of the law such as:
- When a person is unduly harmed due to a manufacturer’s failure, it becomes a product liability case.
- When a medical professional makes a mistake, it is considered medical malpractice.
- When one is caused harm because of someone else’s negligence, it is a personal injury issue.
A medication causing harm can fall in all three of these categories to one degree or another.
Large pharmaceutical companies have enormous resources at their disposal to defend them. Getting justice for the victims of defective prescription or over the counter medications from the failure to provide proper warning of the drug’s dangers requires the help of a professional attorney.
Attorneys who defend victims need to stay abreast of pharmaceutical recalls and potentially harmful medications. They also need to have the following skills:
- Specific legal skills necessary to represent you in a prescription or over the counter medication case
- The resources and networking ability to partner with other qualified experts, including leading consumer advocates who can testify and work to win your case.
Experienced attorneys who deal with illness and death caused by medication understand the steps to take in various types of cases. For instance, the term Multi-District Litigation, or MDL, is used to describe a situation when groups of individual lawsuits that are related to a particular medication are consolidated into one large case.
Some of the cases that a drug injury lawyer handles include experiencing the death of a loved one after taking a medication, suffering illness or physical injury caused by a drug, experiencing adverse side effects caused by a medication, injuries caused by medicine that has been recalled, failure of the manufacturer or doctor to warn patients of drug interactions or side effects.
A drug injury lawyer usually works on a contingency basis, which means if they don’t win they don’t get paid. Often, they offer free initial consultations to determine whether or not they can handle your case.
Seek the help of a qualified professional drug injury lawyer as soon as possible if you or a loved one has suffered due to the harmful effects of any medication.
Our law firm services the following areas in and around Houston Texas: