Birmingham Dangerous Drug Lawyer

When doctors prescribe drugs to patients, the patients expect that the drugs will help them overcome and/or manage their health problems. However, there are times when these drugs do more harm than good. This often becomes a serious legal issue for the drug maker, especially when a defective drug makes its way into the market with consumer safety neglected.

Legally and morally speaking, pharmaceutical companies have the responsibility to make sure that each of the products they introduce to the market is safe and effective when used appropriately. As such, they are obligated to advise consumers adequately of any side effects that could present a health risk. In case they knowingly fail to do so and a person ends up hurt, the drug companies can be held liable for the damages suffered.

If you or a loved one has been injured by a prescription or over-the-counter medication, we can help you pursue the justice you deserve. A Birmingham dangerous drug lawyer at Hare, Wynn, Newell & Newton understands what you could be going through when dealing with such a case. That’s why we are always ready to provide our clients with a free legal consultation, minus any form of obligation. If we determine you have a case, we’ll do everything in our power to get you the compensation you need and deserve.

Why Are Pharmaceutical Drugs Recalled?

A drug recall typically happens when the FDA or a drug manufacturer determines that a pharmaceutical drug is not safe and should hence be removed from the market. Some recalls become necessary when new research demonstrates that the drug is too dangerous to be used by consumers. This could be due to:

  • The drug is shown to cause dangerous side effects
  • The manufacturer or the FDA has found a safer alternative to the drug
  • Consumers misusing or using the drug improperly, risking serious injury or death
  • A safe drug is found to have been part of a contaminated batch from the manufacturer or manufacturing error, making that specific batch of the drug unsafe for use

Classes of FDA drug recalls

Recalls can be categorized based on the severity of the danger they pose to the consumers. The following are types of drug recalls:

Class I

When there’s a reasonable probability that the use or exposure of the drug to a consumer will lead to health problems or death

Class II

When the use or exposure to a drug could lead to temporary or reversible (medically) health problems, or when there’s a risk that the drug could lead to serious health issues

Class III

Using or exposure to the drug will not likely cause serious health issues.

Market Withdrawal

The drug contains a minor issue that the FDA wouldn’t typically monitor. For instance, a manufacturer could remove a drug from the market due to distribution or after-manufacturing tempering, not because of the drug itself.

dangerous drug recall lawyer

How Drugs Can Cause Harm

History shows that most of the dangerous drugs will cause harm within the first year of release. This is often the case when a drug is released without a full appreciation of its risks, with the early adopters suffering as a result. Nonetheless, some drugs will continue being marketed by the drug companies even after evidence shows serious side effects or death. Regardless, drug manufacturers can be held liable if a drug they sell is found to be unreasonably dangerous.

This can happen when:

  • There’s an error with its testing and approval
  • There are manufacturing and distribution flaws where consumers are not warned about the possible side effects of the product
  • The drug has an inherent design flaw that makes it dangerous

In all of these cases, the manufacturer can be held liable and therefore sued for damages, even if they weren’t aware of the danger.

How Long do I Have to File a Dangerous Drug Lawsuit in Birmingham, AL?

According to Alabama Code § 6-2-38, the statute of limitations is two years for dangerous drug action. Although the clock usually starts on the date a person knows or should have reasonably known about the injury, certain drug manufacturers try having claims against them time-barred pointing at a variety of reasons. An experienced dangerous drug lawyer will know and advise you about the applicable statute for your case.

Dangerous Drug Cases We Handle

Zantac

We’ve handled many Zantac lawsuit claims for people claiming the drug contained unacceptable levels of NDMA, a possible carcinogen, that caused them to develop cancer. Some of the main injuries we listed include liver, stomach, and bladder cancer, all of which are associated with NDMA contamination.

Pradaxa

This is an anticoagulant medication developed as a treatment for non-valvular atrial fibrillation. If you took Pradaxa and consequently suffered from serious hemorrhaging or other side effects, get in touch with us for legal help.

Invokana

Invokana is a popular drug meant to help regulate blood sugar levels. Many type 2 diabetes patients who were prescribed Invokana suffered blood problems and amputations. Any individual who has taken the drug may be at risk and is eligible to receive compensation from the manufacturer.

Risperdal

This is an antipsychotic medication developed by Johnson & Johnson, who now faces hundreds of dangerous drug lawsuits for the drug Risperdal. The manufacturer is accused of off-label use and hiding certain side effects such as movement disorders and enlarged male breasts, and anyone who experienced such harm from using the drug may be liable for compensation.

Actos

Actos is a popular diabetes drug that has been linked to multiple severe health complications, including bladder cancer. Further studies have revealed the potentially deadly effects of the drug, and the number of lawsuits against Actos‘ manufacturer has continued to rise.

Zofran

The FDA approved the use of Zofran for treating nausea and vomiting in cancer patients undergoing chemotherapy. However, it was never approved for use in pregnant women, but the manufacturer (GSK) encouraged doctors to use it as an off-label treatment of morning sickness. This was followed by reports of at least 32 birth defects linked with the use of Zofran during pregnancy, leading to multiple lawsuits against Zofran in an attempt to recover damages.

Vioxx

Hare, Wynn, Newell & Newton has also handled claims relating to Vioxx, the brand name of the drug Refecoxib, a Cox-2 inhibitor. The manufacturer voluntarily recalled the drug from the market in 2004 due to considerable safety concerns with patients experiencing a higher risk of cardiovascular issues while using the drug.

Taxotere

This is a drug developed to help cancer patients relieve nausea resulting from chemotherapy. As the drug was used by millions of women battling ovarian and breast cancer, the company promised them that they wouldn’t suffer permanent hair loss, despite knowing it would indeed cause hair loss. Many victims have since filed lawsuits against the manufacturer of Taxotere for their damages.

Opioids

The opioid crisis has caused more than half a million deaths since 2000. At Hare, Wynn, Newell & Newton, we believe that the manufacturers and distributors should be held liable. In a lot of cases, they used deceptive marketing practices to lure customers, despite knowing the harmful side effects of the drugs. If you or a loved one suffered addiction or harm from an opioid prescription, we can help you pursue justice.

Uloric

In 2019, the FDA issued a black-box warning against Uloric, which means the risks from taking the drug to outweigh its benefits. Uloric is linked to an increased risk of cardiovascular issues and even death. If you or a loved one has suffered harm from taking the drug, you may have a right to compensation.

Zostavax

This is a shingles vaccine containing a small amount of the live virus herpes zoster. The many Zostavax lawsuits filed against the manufacturer claim that they didn’t disclose the side effects of the vaccine when marketing the drug.

Proton Pump Inhibitors (PPIs)

PPIs were developed to help treat symptoms of chronic acid reflux and heartburn. Unfortunately, some users suffered serious side effects, including bone fractures, kidney problems, and even dementia. If you or a loved one is affected, you might be eligible for compensation through a PPI lawsuit.

How Much Will it Cost to File a Dangerous Drug Lawsuit?

We represent our clients on a contingency fee basis. This means that you only need to pay us if we get you justice and compensation for your case. We will not charge you for legal consultation and the cost to investigate your claim. We only charge you when you collect compensation.

How Can a Lawyer Help a Dangerous Drug Lawsuit?

While you might not be able to file a lawsuit against a drug manufacturer or the FDA on your own, your lawyer can help you identify the parties or entities that may be liable for your pain and suffering, injuries, and expenses resulting from using a dangerous drug.

Keep in mind that pharmaceutical companies often have an army of highly trained attorneys ready to defend their clients and minimize payouts. Plus, in many cases, dangerous drug lawsuits tend to be a lot more complex, often involving multiple defendants and plaintiffs. As such, you will need an experienced attorney to help protect your rights and look after your best interests. At Hare, Wynn, Newell & Newton, our lawyers have the skills, experience, and resources to handle even the most complex of dangerous drug lawsuits.

Contact Our Birmingham Defective Drug Attorneys

Our team of dangerous drug attorneys at Hare, Wynn, Newell & Newton is always ready to take up new challenges and deliver justice to our clients. So, don’t wait to contact us if you or a loved one has suffered a significant illness or injury that might have been caused by a defective drug. We will take your case seriously, and conduct an independent investigation to establish what exactly happened to you. From there, will give you an honest assessment of your case and provide options on how best to move forward.

Related Articles

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When doctors prescribe drugs to patients, the patients expect that the drugs will help them overcome and/or manage their health problems. However, there are times when these drugs do more harm than good. This often becomes a serious legal issue for the drug maker, especially when a defective drug makes its way into the market with consumer safety neglected.

Legally and morally speaking, pharmaceutical companies have the responsibility to make sure that each of the products they introduce to the market is safe and effective when used appropriately. As such, they are obligated to advise consumers adequately of any side effects that could present a health risk. In case they knowingly fail to do so and a person ends up hurt, the drug companies can be held liable for the damages suffered.

If you or a loved one has been injured by a prescription or over-the-counter medication, we can help you pursue the justice you deserve. A Birmingham dangerous drug lawyer at Hare, Wynn, Newell & Newton understands what you could be going through when dealing with such a case. That’s why we are always ready to provide our clients with a free legal consultation, minus any form of obligation. If we determine you have a case, we’ll do everything in our power to get you the compensation you need and deserve.

Why Are Pharmaceutical Drugs Recalled?

A drug recall typically happens when the FDA or a drug manufacturer determines that a pharmaceutical drug is not safe and should hence be removed from the market. Some recalls become necessary when new research demonstrates that the drug is too dangerous to be used by consumers. This could be due to:

  • The drug is shown to cause dangerous side effects
  • The manufacturer or the FDA has found a safer alternative to the drug
  • Consumers misusing or using the drug improperly, risking serious injury or death
  • A safe drug is found to have been part of a contaminated batch from the manufacturer or manufacturing error, making that specific batch of the drug unsafe for use

Classes of FDA drug recalls

Recalls can be categorized based on the severity of the danger they pose to the consumers. The following are types of drug recalls:

Class I

When there’s a reasonable probability that the use or exposure of the drug to a consumer will lead to health problems or death

Class II

When the use or exposure to a drug could lead to temporary or reversible (medically) health problems, or when there’s a risk that the drug could lead to serious health issues

Class III

Using or exposure to the drug will not likely cause serious health issues.

Market Withdrawal

The drug contains a minor issue that the FDA wouldn’t typically monitor. For instance, a manufacturer could remove a drug from the market due to distribution or after-manufacturing tempering, not because of the drug itself.

dangerous drug recall lawyer

How Drugs Can Cause Harm

History shows that most of the dangerous drugs will cause harm within the first year of release. This is often the case when a drug is released without a full appreciation of its risks, with the early adopters suffering as a result. Nonetheless, some drugs will continue being marketed by the drug companies even after evidence shows serious side effects or death. Regardless, drug manufacturers can be held liable if a drug they sell is found to be unreasonably dangerous.

This can happen when:

  • There’s an error with its testing and approval
  • There are manufacturing and distribution flaws where consumers are not warned about the possible side effects of the product
  • The drug has an inherent design flaw that makes it dangerous

In all of these cases, the manufacturer can be held liable and therefore sued for damages, even if they weren’t aware of the danger.

How Long do I Have to File a Dangerous Drug Lawsuit in Birmingham, AL?

According to Alabama Code § 6-2-38, the statute of limitations is two years for dangerous drug action. Although the clock usually starts on the date a person knows or should have reasonably known about the injury, certain drug manufacturers try having claims against them time-barred pointing at a variety of reasons. An experienced dangerous drug lawyer will know and advise you about the applicable statute for your case.

Dangerous Drug Cases We Handle

Zantac

We’ve handled many Zantac lawsuit claims for people claiming the drug contained unacceptable levels of NDMA, a possible carcinogen, that caused them to develop cancer. Some of the main injuries we listed include liver, stomach, and bladder cancer, all of which are associated with NDMA contamination.

Pradaxa

This is an anticoagulant medication developed as a treatment for non-valvular atrial fibrillation. If you took Pradaxa and consequently suffered from serious hemorrhaging or other side effects, get in touch with us for legal help.

Invokana

Invokana is a popular drug meant to help regulate blood sugar levels. Many type 2 diabetes patients who were prescribed Invokana suffered blood problems and amputations. Any individual who has taken the drug may be at risk and is eligible to receive compensation from the manufacturer.

Risperdal

This is an antipsychotic medication developed by Johnson & Johnson, who now faces hundreds of dangerous drug lawsuits for the drug Risperdal. The manufacturer is accused of off-label use and hiding certain side effects such as movement disorders and enlarged male breasts, and anyone who experienced such harm from using the drug may be liable for compensation.

Actos

Actos is a popular diabetes drug that has been linked to multiple severe health complications, including bladder cancer. Further studies have revealed the potentially deadly effects of the drug, and the number of lawsuits against Actos‘ manufacturer has continued to rise.

Zofran

The FDA approved the use of Zofran for treating nausea and vomiting in cancer patients undergoing chemotherapy. However, it was never approved for use in pregnant women, but the manufacturer (GSK) encouraged doctors to use it as an off-label treatment of morning sickness. This was followed by reports of at least 32 birth defects linked with the use of Zofran during pregnancy, leading to multiple lawsuits against Zofran in an attempt to recover damages.

Vioxx

Hare, Wynn, Newell & Newton has also handled claims relating to Vioxx, the brand name of the drug Refecoxib, a Cox-2 inhibitor. The manufacturer voluntarily recalled the drug from the market in 2004 due to considerable safety concerns with patients experiencing a higher risk of cardiovascular issues while using the drug.

Taxotere

This is a drug developed to help cancer patients relieve nausea resulting from chemotherapy. As the drug was used by millions of women battling ovarian and breast cancer, the company promised them that they wouldn’t suffer permanent hair loss, despite knowing it would indeed cause hair loss. Many victims have since filed lawsuits against the manufacturer of Taxotere for their damages.

Opioids

The opioid crisis has caused more than half a million deaths since 2000. At Hare, Wynn, Newell & Newton, we believe that the manufacturers and distributors should be held liable. In a lot of cases, they used deceptive marketing practices to lure customers, despite knowing the harmful side effects of the drugs. If you or a loved one suffered addiction or harm from an opioid prescription, we can help you pursue justice.

Uloric

In 2019, the FDA issued a black-box warning against Uloric, which means the risks from taking the drug to outweigh its benefits. Uloric is linked to an increased risk of cardiovascular issues and even death. If you or a loved one has suffered harm from taking the drug, you may have a right to compensation.

Zostavax

This is a shingles vaccine containing a small amount of the live virus herpes zoster. The many Zostavax lawsuits filed against the manufacturer claim that they didn’t disclose the side effects of the vaccine when marketing the drug.

Proton Pump Inhibitors (PPIs)

PPIs were developed to help treat symptoms of chronic acid reflux and heartburn. Unfortunately, some users suffered serious side effects, including bone fractures, kidney problems, and even dementia. If you or a loved one is affected, you might be eligible for compensation through a PPI lawsuit.

How Much Will it Cost to File a Dangerous Drug Lawsuit?

We represent our clients on a contingency fee basis. This means that you only need to pay us if we get you justice and compensation for your case. We will not charge you for legal consultation and the cost to investigate your claim. We only charge you when you collect compensation.

How Can a Lawyer Help a Dangerous Drug Lawsuit?

While you might not be able to file a lawsuit against a drug manufacturer or the FDA on your own, your lawyer can help you identify the parties or entities that may be liable for your pain and suffering, injuries, and expenses resulting from using a dangerous drug.

Keep in mind that pharmaceutical companies often have an army of highly trained attorneys ready to defend their clients and minimize payouts. Plus, in many cases, dangerous drug lawsuits tend to be a lot more complex, often involving multiple defendants and plaintiffs. As such, you will need an experienced attorney to help protect your rights and look after your best interests. At Hare, Wynn, Newell & Newton, our lawyers have the skills, experience, and resources to handle even the most complex of dangerous drug lawsuits.

Contact Our Birmingham Defective Drug Attorneys

Our team of dangerous drug attorneys at Hare, Wynn, Newell & Newton is always ready to take up new challenges and deliver justice to our clients. So, don’t wait to contact us if you or a loved one has suffered a significant illness or injury that might have been caused by a defective drug. We will take your case seriously, and conduct an independent investigation to establish what exactly happened to you. From there, will give you an honest assessment of your case and provide options on how best to move forward.

Related Articles

Sorry, we couldn't find any posts. Please try a different search.