Gary C. Johnson
Home About Us Our Attorneys Our Staff Practice Areas FAQS and Advice
Articles Contact Us Disclaimer Sitemap
FAQs and ADVICE
Drug and Medical Devices

1. Who is liable for harm suffered from prescription drugs?
Depending on the facts of your individual case, liable parties can range from the drug manufacturer, to your treating physician, to the pharmacy that dispensed the medication. An experienced lawyer at Gary C. Johnson, P.S.C. can help determine liability in your personal injury claim. Contact us today.

2. I have been taking a drug that was not prescribed by a physician; do I still have a possible legal remedy for injuries suffered from these drugs?
In a case where no physician prescribed the drug which caused you injury, but instead you purchased it on your own, you may still have a claim against the drug manufacturer. You will not, however, have a claim against your physician. Another possibility is a claim against the pharmacist if the drug was a prescription drug.

3. What is a class action lawsuit?
A class action is a distinctive type of lawsuit that allows a group of people who have comparable issues to sue another party as a group, or class. The idea of a class action is that everyone who has been injured by the same conduct should not have to be put to the expense of hiring his/her own lawyer and go through the stress of a trial. Certain drug litigation cases fall under class action lawsuits against the manufacturer. Contact Gary C. Johnson, P.S.C. today to discuss your claim.

4. What drugs are most commonly found in drug litigation claims?
Among many others, the following are the most common drugs found in litigation claims:

  • Accutane
  • Celebrex
  • Crestor
  • Enbrel/Etanercept
  • Ephedra
  • Meridia
  • Oxycontin
  • Paxil
  • Premarin
  • Prempro
  • Redux
  • Rezullin
  • Serzone
  • Stadol
  • Thimerosal
  • Vioxx
  • Zyprexa

5. Is anything being done to warn consumers about the possible dangers of taking prescription drugs?
The Federal Drug Administration (FDA) has strengthened its precautions in the labeling of certain drugs with dangerous side effects, through warning labels on the product. This includes the highest level of warning, a Black Box warning.

6. How is a medical device claim determined?
When a medical device (such as a syringe, hip implant, pacemaker, or surgical instrument) injures someone, the courts must answer the question "was there something wrong with the product" or "was there something wrong with how the product was used"? In finding the answer, two general theories of liability are applied: product liability and negligence. The first theory looks at what was wrong or defective in the medical device. The second looks at the performance of the medical personnel using the device. An experienced medical device lawyer, such as Gary C. Johnson, P.S.C., can evaluate your injuries and determine if a defective medical device caused them. Contact us today.

7. Do I need a lawyer if I believe I may have a drug or medical device claim?
Due to complex issues involved in drug and medical device claims, discussing your case with an attorney who is experienced in the area is the best way to ensure a thorough evaluation of your case. Contact Gary C. Johnson, P.S.C. today to discuss your claim.

 

Rapid Response
Quick Contact

Free Initial Consultation
Copyright © Gary C. Johnson, Attorneys At Law, Offices in Pikeville KY, Lexington KY, Hazard KY.
Serving Personal Injury Clients in Kentucky, West Virginia and Nationwide. Focusing On Car Accidents, Product Liability, Defective Products,
Premises Liability, Slip & Fall, Construction Accidents, Off Label Drug Injury and all other personal injury claims, including: Pedestrian Accidents,
Bicycle Accidents, Motorcycle Accidents, Truck Accidents, Aviation Accidents, Mining Accidents, Wrongful Death and Insurance Claims.
Kentucky Injury Lawyers - Site by Consultwebs.com, Inc. - Webs for Lawyers, Law Firms