Defective drugs injure thousands of innocent patients every year. It is important to hold drug manufacturers liable for the damage their products cause – after all, patients are often given little information about a medication and must trust that the drug will work properly. Drug companies make huge profits on medications, regardless of whether patients are injured. It is important to hold them financially accountable for the damage their drugs cause in order to prevent other innocent patients from being injured by the same medications. Dedicated defective drug lawyers can help people find the justice and compensation they deserve.
How to Hold Medication Manufacturers Liable for Bad Drugs
So what is the right legal strategy for your case? There are many different tools that can be used to get you the compensation you deserve. Here are some options your personal injury lawyer will consider in a case involving defective drugs:
Class Action Lawsuits
In cases where a defective drug has injured thousands of innocent victims, a large class action suit might be the best way to get all the victims compensated for their injuries. A class action lawsuit is one in which many victims have suffered the same type of injury. They band together as a class to litigate their claims in a single case against the same defendant. This is also known as “mass tort” – a case in which a single defendant has harmed a large group of people in the same manner.
The benefit of a class action lawsuit is that it is more efficient. The courts are not bogged down by thousands of cases that cover the same legal issues, and individual plaintiffs do not have to wait months – or even years – for their cases to be resolved. The downside is that each individual plaintiff does not get their own day in court. A “class representative” is named, and he or she works with the plaintiffs’ lawyers to present the case to the court. Individual class members usually do not have a say over the legal strategy used in the case. They do not get to testify, and their individual losses are not addressed. The class is awarded a lump sum that must be fairly apportioned between class members. This can create bitter disputes, and most class members will not get full compensation for all their pain and suffering.
An Individual Products Liability Claim
If a class action is not appropriate, you will likely have the right to file an individual products liability claim against the drug manufacturer. In this case, you will be the only plaintiff, and you will be able to consult with your attorney about the legal strategies you want to employ. You will also be able to prove the total amount of all your losses. Unlike a class action lawsuit, you will be able to document your medical bills, future medical expenses, lost wages, any decreases to your future earning potential, and all your pain and suffering. Your attorney will work to negotiate a settlement offer that fairly compensates you for all these losses. If no settlement can be reached, you will have the right to take your case to a jury and let your peers decide the fair value of all your losses.
Publicity and Media Coverage
In some cases, a legal strategy crafted by defective drug lawyers might depend on putting pressure on a drug company that sells bad medications. Bad publicity is a huge problem for large pharmaceutical companies. In some cases, a manufacturer will be willing to make a fair settlement offer in order to avoid the negative publicity of a trial. In other cases, your attorney might decide to launch a media campaign about your injuries in order to make others aware of the dangers of this particular bad drug. These strategies must be used carefully. Publicity can help a plaintiff’s cause, but it can also backfire and turn public opinion against the plaintiff if the case is not presented properly.
Call Today to Speak with Defective Drug Lawyers in Dallas, TX
Patients usually have no way to protect themselves from the damage caused by a defective medication. It is important to require drug manufacturers to only sell medications that are safe and free from known defects that cause costly injuries. The experienced Dallas personal injury attorneys at the Jackman Personal Injury know how to handle defective drug cases. Call (972) 961-2707 to schedule your consultation today. Don’t delay – there are statutes of limitations that create deadlines for filing your claim. The sooner you have an experienced defective drug lawyer fighting on your side, the better protected your legal rights will be.