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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.
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