Pharmaceutical drugs and medical devices are meant to improve our health and quality of life, but when these products are defective or improperly tested, they can cause serious harm. In some cases, patients suffer severe injuries, long-term health complications, or even death as a result of unsafe medications or faulty medical devices. If you or a loved one has been injured by a dangerous drug or defective medical product, you may have the right to pursue compensation through pharmaceutical litigation. An experienced pharmaceutical litigation lawyer can help you navigate the complex legal process and hold pharmaceutical companies accountable for their negligence.

At Knapp Moss, we are dedicated to representing individuals who have been harmed by unsafe pharmaceutical products. Our legal team has the experience and resources needed to take on large pharmaceutical companies and secure compensation for your medical expenses, pain and suffering, lost wages, and other damages.

What is Pharmaceutical Litigation?

Pharmaceutical litigation involves legal claims against drug manufacturers, distributors, or healthcare providers for injuries caused by defective or dangerous drugs and medical devices. These cases typically fall under product liability law, which holds manufacturers and sellers responsible for putting unsafe products on the market. Pharmaceutical companies are required to thoroughly test their products and ensure they are safe for public use, but when they fail to meet these standards, they can be held liable for the harm caused to patients.

Pharmaceutical litigation often involves mass tort or class-action lawsuits, where multiple plaintiffs who have been harmed by the same drug or device join together to pursue legal action. These cases can be complex, requiring expert testimony, medical evidence, and a deep understanding of both legal and regulatory standards.

Why You Need a Pharmaceutical Litigation Lawyer

Pharmaceutical litigation cases are particularly challenging due to the vast resources and legal teams that pharmaceutical companies have at their disposal. Taking on these large corporations requires an experienced lawyer who understands both the medical and legal aspects of the case. A pharmaceutical litigation lawyer can help you in several critical ways:

• Proving Liability: Drug manufacturers are often quick to deny responsibility for injuries caused by their products, blaming patients or doctors for improper use. Your lawyer will investigate the circumstances of your case, gather medical evidence, and build a strong case to prove that the drug or medical device was defective.
• Navigating Complex Regulations: Pharmaceutical litigation involves navigating complex FDA regulations, clinical trial data, and medical documentation. An experienced lawyer will ensure that your case meets all regulatory requirements and is properly presented in court.
• Filing Mass Tort or Class-Action Claims: In cases where multiple people have been harmed by the same drug or device, your lawyer may recommend joining a mass tort or class-action lawsuit. This can increase the chances of securing compensation and put additional pressure on the pharmaceutical company to settle.
• Negotiating Settlements: Pharmaceutical companies often prefer to settle cases rather than go to trial. However, they may try to offer low settlements to avoid paying the full extent of the damages. A lawyer will negotiate on your behalf to ensure you receive a fair and just settlement for your injuries.

Common Types of Pharmaceutical Litigation

Pharmaceutical litigation can involve a wide range of drugs, medical devices, and healthcare products. Some of the most common types of pharmaceutical litigation include:

• Defective Drugs: Prescription and over-the-counter drugs that cause harmful side effects or fail to perform as advertised can lead to severe health issues. Defective drug claims often involve medications that were not properly tested, had inadequate warnings, or were mislabeled.
• Defective Medical Devices: Medical devices, such as hip implants, pacemakers, surgical mesh, and contraceptive devices, can cause severe injuries if they are improperly designed or manufactured. Victims of defective medical devices may file product liability claims against the manufacturer.
• Dangerous Side Effects: Many drugs come with a risk of side effects, but when those side effects are severe or life-threatening, patients may pursue legal action. Pharmaceutical companies have a duty to warn patients and doctors about potential risks, and failure to do so can result in liability.
• Failure to Warn: In some cases, pharmaceutical companies fail to provide adequate warnings about the risks associated with their drugs or medical devices. This can include failing to disclose known side effects or not updating warning labels after new risks are discovered.
• Off-Label Marketing: Pharmaceutical companies sometimes promote drugs for uses that have not been approved by the FDA, known as off-label marketing. If patients are harmed by a drug that was prescribed for an off-label use, the manufacturer may be held liable for promoting the drug without sufficient evidence of its safety.
• Recalls and Withdrawals: When drugs or medical devices are found to be defective or dangerous, they may be recalled or withdrawn from the market. Patients who have been harmed by these recalled products may file lawsuits against the manufacturer for failing to ensure the product’s safety.

Examples of Dangerous Drugs and Medical Devices

Over the years, many pharmaceutical drugs and medical devices have been linked to severe injuries or complications, leading to litigation. Some examples of dangerous drugs and medical devices that have been the subject of lawsuits include:

• Zantac (Ranitidine): Zantac, a popular heartburn medication, was found to contain potentially cancer-causing substances, leading to mass litigation against the manufacturer for failing to disclose the risks.
• Talcum Powder: Talcum powder, commonly used in baby products and cosmetics, has been linked to ovarian cancer and respiratory issues. Victims have filed lawsuits against manufacturers like Johnson & Johnson for failing to warn consumers about the risks.
• Hip Implants: Defective hip implants, such as those produced by companies like DePuy and Stryker, have been linked to complications such as metal poisoning, device failure, and the need for revision surgery.
• Roundup: Roundup, a popular weed killer, has been linked to non-Hodgkin lymphoma. Victims who have developed cancer after exposure to Roundup have filed lawsuits against the manufacturer, Monsanto (now owned by Bayer).
• IUDs (Intrauterine Devices): Certain IUDs, such as the Mirena IUD, have been associated with severe complications, including device migration, perforation of the uterus, and infections.

Common Injuries and Complications in Pharmaceutical Litigation

Injuries caused by defective drugs and medical devices can be severe and life-threatening. Some of the most common injuries and complications in pharmaceutical litigation include:

• Organ Damage: Defective drugs and medical devices can cause serious organ damage, including liver, kidney, and heart failure, which may require long-term medical care or organ transplants.
• Cancer: Certain drugs and chemicals, such as those found in Zantac or Roundup, have been linked to cancer. Victims of drug-related cancers may face years of treatment and a diminished quality of life.
• Infections: Medical devices like surgical mesh or joint implants can lead to severe infections, which may require additional surgeries or result in long-term health complications.
• Blood Clots: Some medications, particularly birth control pills or hormone therapies, have been linked to an increased risk of blood clots, which can lead to strokes or heart attacks.
• Device Failure: Medical devices like pacemakers, hip implants, or knee replacements can fail prematurely, causing significant pain, loss of mobility, and the need for corrective surgery.

Compensation in Pharmaceutical Litigation Cases

Victims of dangerous drugs or defective medical devices may be entitled to several types of compensation, depending on the severity of their injuries and the impact on their lives. Common forms of compensation in pharmaceutical litigation cases include:

• Medical Expenses: This includes compensation for past and future medical bills, surgeries, hospital stays, rehabilitation, and any ongoing medical treatment required as a result of the defective drug or device.
• Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost income. In cases of long-term or permanent disability, compensation for loss of future earning capacity may also be available.
• Pain and Suffering: Defective drugs and medical devices often cause significant physical pain and emotional distress. Compensation for pain and suffering accounts for the non-economic impact of your injuries, such as anxiety, depression, and loss of enjoyment of life.
• Wrongful Death: In cases where a defective drug or device leads to death, surviving family members may file a wrongful death claim. This provides compensation for funeral expenses, loss of financial support, and loss of companionship.

Why Choose Knapp Moss?

At Knapp Moss, we have extensive experience handling pharmaceutical litigation cases throughout California. Our legal team is committed to fighting for the rights of individuals harmed by dangerous drugs and medical devices. We work on a contingency fee basis, meaning you don’t pay unless we win your case.

Conclusion

If you or a loved one has been injured by a defective drug or medical device, hiring an experienced pharmaceutical litigation lawyer can help you secure the compensation you need. At Knapp Moss, we are dedicated to holding pharmaceutical companies accountable for the harm they cause. Contact us today for a free consultation.