Dangerous Drugs and Medical Devices
Both medical devices and pharmaceutical drugs can enhance our lives. However, they also have the ability to cause great harm. Manufacturers of these products have the obligation to thoroughly test these drugs and devices, make them as safe as possible and warn of their dangers.
When something goes wrong you might be bombarded with television ads or even be contacted by someone directly about a lawsuit. When taking on a large pharmaceutical company or medical device company there are few things you need to know.
First, there are usually a large number of lawsuits filed by the people that are injured in state and federal courts across the country. These cases differ from simple car accident and most other personal injury cases in several important ways:
- These cases usually involve complex litigation involving multiple experts and the review of hundreds of thousands (if not millions) of pages of documents created by the companies concerning the design, study and approval of the device or drug.
- While the cases have some common liability aspects, each case is usually different. Each individual plaintiff has a unique medical history and the way that the device or drug caused damage to them is individual and unique.
- State courts often consolidate cases and some of the cases usually get consolidated in a single federal court know as a multi district litigation (MDL). Consolidation means that a single judge will handle all of the individual cases in a way that is sometimes more efficient than hundreds or thousands of separate cases.
- Some law firms take on thousands of clients with the hope that there will be a mass settlement. Others have only a few cases, which makes the great expense of properly pursuing those cases efficiently and effectively quite difficult.
Deciding what jurisdiction in which your case will be filed and how it will be pursued in a critical decision. We believe that it is not a one size fits all analysis. We look at each individual claim and advise you as to what gives you the best chance for success. Sometimes MDL litigations can drag on for years and years. Often, but not always, state court may be a better option if available. We have the experience and track record to advise you on the proper forum and file your case where you will have the best chance of success.
At Freedland Harwin Valori, PL we have decades of experience taking on big pharma and device companies.
We know what it takes to get you the full and fair value for your injuries. We have the experience to analyze the hundreds of thousands of documents the defendant company will produce and make sure the truth comes to light. We hire highly qualified experts like doctors and engineers that are leaders in their respective professions. We know how to build a case for success.
Common and Current Mass Tort Actions
The following are some of the most common and current mass tort actions in the country:
Invokana is a prescription medication for type 2 diabetes that a physician may prescribe to help patients control blood sugar. Some serious adverse side effects have been reported, to the point where the Food and Drug Administration has issued a “black box warning” to consumers of possible life-threatening complications like kidney damage and ketoacidosis. Also, users of Invokana have a much higher risk of amputation.
Retrievable IVC filters are small medical devices designed to stay in the body for a short time to minimize risk of pulmonary embolism and other events caused by blood clots. The filters are designed to catch the clot. These IVC filters can migrate (move) to areas where they should not be, break apart, perforate (puncture) the inferior vena cava which puts you at serious risk of having an number of adverse events.
Talcum Powder (Talc)
Studies have shown that women who used talcum powder (also known as baby powder) for daily for personal hygiene reasons have an increased risk of developing cancer of the ovaries. According to the International Journal of Gynecological Cancer, frequent talcum powder use is associated with a significant increase in ovarian cancer risk. Johnson and Johnson, one of the major manufacturers of the substance, chose not to warn of these known risks.
Metal Hip Implants
Many types of metal hip implants can cause friction between metal components. This friction can lead to the components giving off metal particles such as cobalt and chromium, which are highly toxic to the tissue around the implant and other systems in the body. According to the Food and Drug Administration, metal on metal implants can result in toxic heavy metal poisoning, hip pain, and tissue damage surrounding the joint. It is important for you to know that the most common symptom is pain or no symptoms at all. The metal poisoning from a defective hip implant is usually progressive as it destroys more and more tissue and bone over time.
Roundup is one of the most popular pesticides. However, there is evidence that long-term exposure to the substance can cause cancer. Monsanto, the producer of the Roundup, is currently at the center of mass tort litigation as a result.
If you or a loved one has suffered harm as the result of using a medical device, pharmaceutical drug, pesticide, or other product, we have the experience to handle your claim. The attorneys at Freedland Harwin Valori, PL, can help you navigate the confusing process and make sure your case gets the attention that it deserves. For more information, or to schedule a free case evaluation with our firm, please call us or contact us online.