Injured by Defective Drugs or Medical Devices?
Lafayette Drug Injury Attorney Explains How Mass Tort Lawsuits Work
When one company causes similar injuries to lots of people, our justice system allows for the cases to be combined for efficiency. Mass tort lawsuits, also known as multidistrict litigation (MDL), are when individual lawsuits against the same defendant are consolidated from across the country into one courtroom for certain issues, such as liability and discovery (the exchange of evidence). Once these common issues are decided by the one court, individual cases will be sent back to the person’s home state to complete the lawsuit. Mass tort litigation often occurs when a pharmaceutical corporation releases a defective drug onto the market.
Not sure if you have a case regarding a defective drug or medical device? Our personal injury lawyers can explain if you can join an existing lawsuit, or if you have a new case to bring forth. Since 1996, we have successfully helped more than a thousand clients across southern Louisiana, including clients in Lafayette, Lake Charles, Calcasieu Parish and Sulphur, recover from serious personal injuries.
Even if a medication, medical device or other product is U.S. Food and Drug Administration (FDA) approved, it could still be dangerous. The FDA may not issue a recall or warning until a number of victims come forward.
Do I Have a Case for Defective Drugs or Devices?
Defective drug lawsuits have revealed many forms of negligent and harmful behavior going on behind the scenes at pharmaceutical companies, such as:
- Paying for clinical studies to prove the “safety” of their products
- Knowing full well that their products can cause dangerous side effects but releasing them anyway
- Urging doctors to prescribe medications outside of their intended or approved uses
- Failing to warn consumers about potentially harmful, even deadly side effects
These forms of negligence are inexcusable, and they happen more often than you might suspect. Do not assume that a sudden injury, illness or death “just happened”. Makers of defective products must be accountable not only to the victim and family but also to prevent others from experiencing such harm.
I Might Be Taking a Dangerous Drug – What Should I Do?
You or your loved one’s health is the most important factor to consider. See a doctor immediately if you suspect that a prescription drug or medically implanted device is causing harm. Afterward:
- Keep all your medical documents, prescriptions and receipts.
- Start writing a daily medical journal about your symptoms, including whether they are better or worse than the previous day.
- Document the type, amount and frequency of medications you are taking.
- Speak to attorney to find out if you have a potential case.
Understand that this is not legal or medical advice. Only start or stop taking a prescription medication under the guidance of physician. If you do not agree with your doctor, then get a second or third opinion.