A drug is defective when it has many severe and fatal side effects that outweigh its positive effects. The Food and Drug Administration (FDA) ensures that pharmaceutical drugs are safe for human consumption, but it doesn’t test drugs. Instead, the agency relies on data provided by pharmaceutical companies to determine approval or disapproval of new drugs.
No matter how rigorously the FDA executes its mandate, many defective drugs still flood the market and harm patients. If you’re experiencing terrible side effects from a prescription drug, a Bardstown defective drug lawyer with Isaacs & Isaacs Personal Injury Lawyers can help you seek compensation. You can explore your legal options with our personal injury law firm during a free consultation today.
How Our Bardstown Defective Drugs Lawyer Can Help
Defective drugs can have catastrophic effects on patients, worsening their medical conditions and causing fatalities. Millions of injuries are linked to defective medication despite each drug passing three human-centered clinical trials. If you fall victim to a bad drug, our attorney serving Bardstown can help as follows:
Knowing what happened is of foremost importance in these cases. Our attorney will investigate the drug in question and gather key evidence. How many clinical trials were conducted, and what were their results? Are other victims suffering after consuming the same medication?
These efforts usually entail finding discovery from the manufacturer, but these companies do not always cooperate. They could be trying to conceal evidence that shows negligence on their part. Our defective drugs attorney can petition a court to issue a subpoena and preserve this evidence.
Find More Plaintiffs
Since drugs are manufactured and sold in bulk, a defective drug in the market tends to harm many people. Your attorney will work with independent investigators to find other plaintiffs and file a mass tort against the manufacturer.
Determine Your Losses
Side effects of bad drugs include labored breathing, stroke, internal bleeding, rashes, blurred vision, kidney disease, disability, etc. Our Bardstown defective drugs lawyer can enlist medical experts to examine your health records and how these side effects impact your life. They will factor in various losses to develop a reasonable settlement figure.
Negotiate a Settlement
Holding a pharmaceutical manufacturer accountable for harming patients is often an uphill battle. Big Pharma has lawyers on retainer to defend it from such scandals so they can shun liability and government penalties. Your attorney will put up a spirited defense at your behest to ensure you get the maximum compensation.
For a free legal consultation with a defective drugs lawyer serving Bardstown, call 800-333-9999
Recoverable Damages in a Bardstown Defective Drugs Case
When consumers suffer from awful medication side effects, they can pursue legal action against the manufacturer and other entities involved. For instance, if the hospital knowingly prescribes medication that is routinely harming people’s lives, they, too, are liable.
Darryl “The Hammer” Isaacs and his in-house litigation team can help you recover the following losses:
These losses entail direct and indirect costs incurred from using the defective drug. Most of them will have receipts and are, therefore, easy to prove. They include:
- Emergency hospital stays
- Buying new medications
- Rehabilitation costs, if necessary
- Lost earnings during treatment
- Lost benefits
- Funeral and interment costs
Pain and Suffering
This category factors into how the harrowing experience impacts a person and their loved ones. While there is no standard amount or receipts to prove it, we can still negotiate for these damages:
- Loss of consortium
- Mental anguish
- Permanent disability
- Loss of enjoyment of life
- Wrongful death
Bardstown Defective Drugs Lawyer Near Me 800-333-9999
Suffering from the adverse effects of defective drugs is painful. The victim could be out of work until they recover, while some do not recover. In some cases, those injured may think hiring an attorney isn’t feasible, especially for families living on the brink due to economic upheavals.
Isaacs & Isaacs Personal Injury Lawyers cater to clients across economic backgrounds, which is why we work on a contingency fee basis. In this arrangement, you pay only if you receive an insurance settlement or a court-ordered award. We will take an agreed-upon percentage of the settlement as our payment.
Kentucky’s Statute of Limitations Sets Deadline for Lawsuits
Our Bardstown defective drugs attorney can also file your case within the stipulated timelines, so you stand a chance of collecting damages. Note, for these cases to succeed, you must have consumed the drug as per the guidelines and not altered it.
Ky. Rev. Stat. Ann. § 413.140 (1) requires plaintiffs to file a lawsuit within one year after sustaining injury. If the number of victims reaches critical mass, your attorney can file a mass tort as per Ky. Rev. Stat. Ann § 413.120 no later than five years from when the course of action ensued. If your loved one suffered fatal injuries after consuming defective drugs, you generally have one year from the decedent’s death date to file a wrongful death lawsuit, per Ky. Rev. Stat. 413.180.
Complete a Free Case Evaluation form now
Determining Liability in a Bardstown Defective Drugs Case
Most drugs generally have potential side effects. Therefore, proving liability requires the lawyer to prove you were improperly or inadequately advised when purchasing the said drug. For instance, you were misled about how severe the side effects were, or perhaps there was no warning on the label.
These cases tend to have many defendants, including manufacturers, pharmaceutical sales representatives, testing laboratories, prescribing doctors, medical facilities, and pharmacies. Holding these entities accountable requires our Bardstown defective drug lawyers to prove these elements of liability:
- Duty of care
- Proximate cause
What to Do After Consuming Defective Drugs in Bardstown, KY
Once you realize you’re experiencing side effects from a prescribed medication, you can take measures to save your life and protect your rights. We advise clients or their caregivers to do the following:
- Report the matter to the police and relevant authorities.
- Seek medical intervention so that your injuries don’t devolve.
- Document the side effects by taking pictures and noting down how you feel.
- Contact a defective drugs attorney to discuss your legal options.
- Do not accept premature offers from a hospital or other entity.
Contact Us for a Free Consultation About Defective Drugs in Bardstown
Hurt by defective medication? A Bardstown defective drugs lawyer with Isaacs & Isaacs Personal Injury Lawyers can help you seek compensation from the parties responsible for the harm you suffered. Our injury team will investigate to unearth crucial evidence to support your product liability claim. We have experience litigating such cases and will seek fair compensation for you.
When you hire us, you get responsive legal representation, answering all your queries and concerns. Let us defend your rights as you focus on seeking treatment and taking care of your family. Call us today for a free consultation.