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DRUG INJURY LAWYER : UNSAFE MEDICATION ATTORNEY



Understanding Your Legal Options AFter Suffering A Drug Injury Or Unsafe Medications

When individuals rely on prescription or over-the-counter medications, they trust that these products will alleviate symptoms, cure conditions, or otherwise improve their health. However, when a drug causes serious harm instead, the impact can be devastating. Drug injuries or unsafe medications can lead to long-term health complications, loss of income, and diminished quality of life. In such cases, legal action may be necessary to secure compensation and justice.



Pharmaceutical companies are supposed to be in the business of developing drug that will improve health and save lives. But too often, greed for profits causes them to cut corners, misrepresent the benefits of a drug, and push off-label use on doctors for the sole purpose of increasing the company’s sales. Drugs can cause serious side effects that are sometimes more damaging to a person’s health than the condition they’re intended to treat. Some are even fatal. Every year, millions Americans require medical attention for an unexpected side effect of a prescribed medication. These numbers are staggering, and if you’re in a similar situation it’s important to contact a skilled lawyer immediately.



PHARMACEUTICAL COMPANY OBLIGATION TO THE PUBLIC

Pharmaceutical companies, pharmacists, and physicians have an obligation to ensure that the drugs they are manufacturing, distributing, and prescribing to patients are not going to harm them. When a patient takes an unsafe pharmaceutical drug and it has a detrimental effect on his or her health, that patient may be entitled to compensation for damages in a personal injury or a wrongful death action. Sometimes a large number of people have suffered harm because of a particular medication, in which case they may join together in a class action suit against the manufacturer of the drug.

A person holding a bottle of pills next to a fda logo


FREE DRUG INJURY / UNSAFE MEDICATION  CASE CONSULTATION

Take advantage of the free case review by an experienced personal injury attorney at Gordon & Elias, LLP to learn what options are available to help you win a monetary recovery for a drug injury / unsafe medication. We have extensive experience handling such drug injury cases in the US. We will give you the attention you deserve. Call for an appointment today. We have an office in Houston, as well as a Rio Grande Valley office in Edinburg, Texas.



NO UPFRONT FEES

At Gordon & Elias LLP, we understand the devastating impact that drug injuries can have on victims and their families. Our experienced team of attorneys is dedicated to helping you navigate the complex legal landscape of pharmaceutical litigation and fight for the compensation you deserve.


Our consultation is free, but a percentage on the amount recovered, usually 33.33%, will be taken as our lawyer's fee.


Contact Gordon & Elias, LLP today. We handle all the costs of investigating and pursuing your claim, and you only pay us if we recover money for you.


  • We'll review the details of your situation to determine if you have a valid claim and identify potential liable parties.
  • Our team will collect and analyze medical records, FDA reports, scientific studies, and other crucial evidence to build a strong case.
  • We work with leading medical experts and scientists to strengthen your claim and provide authoritative testimony if needed.
  • We will manage all interactions with insurance companies on your behalf, working diligently to secure a settlement that accurately reflects the full extent of your damages.
  • Whether through settlement negotiations or courtroom advocacy, we'll fight tirelessly to secure fair compensation for your injuries.
  • We’ll provide clear advice about your legal rights and available options, ensuring you are informed about every potential outcome and decision throughout the process.



Do not immediately accept an insurance settlement if an insurance company contacts you.


We strongly advise you to first speak with a personal injury lawyer who is knowledgeable about these serious types of injuries.

 

Call us at (800) 773-6770 to discuss the details of your injury claim right away. We can provide trustworthy legal advice and guide you through the rest of the steps toward obtaining fair and full financial compensation. Our commitment is to stand by those who have been wrongfully injured or bereaved, and we will relentlessly pursue justice on behalf of every client we represent.



THE ROLE OF THE FDA IN PROTECTING CONSUMERS

The Food and Drug Administration (FDA) is a federal agency responsible for ensuring the safety and efficacy of medications available to consumers in the United States. Before a drug is approved, it undergoes rigorous testing through clinical trials to assess its safety, effectiveness, and potential side effects. 

The FDA is supposed to identify any serious adverse effects that should keep the drug off the market or to cause them to place restrictions on prescribing it or require a “black box” warning on the label. But the information they are given to evaluate is provided by the pharmaceutical companies themselves. Although the research may be conducted in generally respected academic settings, it is usually funded by the company that manufactures the drug, creating a bias and an incentive to report positive findings and discount negative ones.



The FDA may approve a drug for one use, but then pharmaceutical company representatives encourage doctors to prescribe it for different purposes than the one it was approved for. In some cases, this off-label prescribing has caused serious problems to certain patients.

Approval by the Food and Drug Administration doesn’t guarantee that a drug is safe, and many FDA approved drugs have had to be recalled after serious side effects materialized. Unfortunately, drug recalls often occur only after significant harm has already been done, highlighting the importance of legal recourse for those affected.

A person is holding a red rose in front of a coffin filled with pink and white pills.


DANGEROUS DRUG LITIGATION

Dangerous drugs are medications that pose an unreasonable risk of injury or death to patients, despite being marketed as safe. These drugs may have been approved by the FDA, but their dangers become apparent only after they have been widely used. Dangerous drug litigation seeks to hold pharmaceutical companies accountable for producing and distributing unsafe medications.

Victims of dangerous drugs can pursue legal action through individual lawsuits or class actions. At Gordon & Elias LLP, we evaluate each client's case to determine the most effective legal strategy. For some clients, joining a class action lawsuit may be the best approach, while others may benefit from filing individual claims to seek compensation for their unique injuries.



PRESCRIPTION DRUG INJURY

Prescription medications are designed to treat specific medical conditions, but improper manufacturing, undisclosed side effects, or incorrect dosing can lead to severe injuries. A drug injury occurs when a person is harmed by a prescription or over-the-counter medication. This can happen due to various factors:


  • Adverse reactions or side effects
  • Interactions with other medications
  • Manufacturing defects
  • Design flaws
  • Inadequate warnings or instructions


Victims of prescription drug injuries may experience anything from mild allergic reactions to life-threatening conditions. Some common types of drug injuries include:



  • Birth defects
  • Blood clots
  • Cancer
  • Internal bleeding
  • Memory loss
  • Mental health issues
  • Seizures
  • Heart attacks or strokes
  • Organ damage


In the most tragic cases, defective or dangerous drugs can even lead to death.



PRODUCT LIABILITY IN DRUG INJURY CASES

Product liability laws hold manufacturers, distributors, and sellers responsible for any injuries caused by defective products, including medications. In drug injury cases, product liability claims may arise from manufacturing defects, design defects, or inadequate warnings about potential side effects.


Pharmaceutical companies have a duty to produce safe products and provide adequate warnings about potential risks. When they fail to do so, they can be held liable for the injuries their drugs cause.



Our attorneys have extensive experience handling these complex cases, ensuring that our clients receive the compensation they need to move forward.



TYPES OF DEFECTIVE DRUG /  PRODUCT LIABILITY CLAIMS

When pursuing legal action for a drug injury, cases generally fall into one of three categories:


Defectively Manufactured Medications

These cases involve drugs that were improperly manufactured or became contaminated during the production process. This could be due to errors at the manufacturing facility, issues with shipping or storage, or mistakes at the pharmacy level.


Defectively Designed Drugs

Some medications have inherent design flaws that make them unreasonably dangerous, even when manufactured correctly. In some cases, pharmaceutical companies may be aware of these risks but fail to disclose them adequately.


Improper Marketing or Failure to Warn

These cases arise when drug manufacturers, sales representatives, or healthcare providers fail to provide adequate warnings about a drug's potential side effects or proper usage instructions.



DETERMINING LIABILITY IN DRUG INJURY CASES

Establishing liability in a drug injury case can be complex, as multiple parties may be responsible such as:


  • Pharmaceutical Companies: They can be held liable for design defects, manufacturing errors, or failure to warn about known risks.
  • Doctors and Healthcare Providers: Medical professionals may be responsible if they prescribe the wrong medication, incorrect dosage, or fail to consider potential drug interactions. When a healthcare provider's negligence leads to a drug injury, victims may have grounds for a medical malpractice lawsuit.
  • Pharmacies: Pharmacists can be liable if they dispense the wrong medication, incorrect dosage, or fail to provide proper instructions.
  • FDA: In rare cases, the FDA might share responsibility if they exhibited poor judgment in approving a drug or failed to act on known safety concerns.
A man is laying in a hospital bed next to a bottle of pills


LEGAL OPTIONS FOR DRUG INJURY VICTIMS

If you've suffered harm from a defective or dangerous drug, you may have several legal avenues to pursue compensation:


  • Individual Lawsuits
    You can file a personal injury lawsuit against the responsible parties. This allows you to seek compensation for your specific damages, including medical expenses, lost wages, pain and suffering, and more.
  • Mass Tort Cases
    Many drug injury cases are handled as "mass torts" rather than traditional class action lawsuits. In a mass tort, each plaintiff maintains their individual case, but the cases are grouped together for more efficient handling of common issues.
  • Toxic Torts
    These are a specialized area of personal injury law that involves harm caused by exposure to toxic substances, including drugs and medications. While toxic tort cases often involve environmental pollutants or hazardous chemicals, they can also apply to pharmaceutical products. In drug injury cases, a toxic tort claim may arise if a medication causes harm through toxic exposure, such as when a drug is contaminated with a harmful substance.
  • Class Action Lawsuits
    In some situations, drug injury victims may join a class action lawsuit. This is typically appropriate when many people have suffered similar, relatively minor injuries from the same drug.
  • Multidistrict Litigation (MDL)
    For widespread drug injuries, cases may be consolidated into multidistrict litigation. This allows for coordinated pretrial proceedings while preserving individual lawsuits.


COMPENSATION IN DRUG INJURY CASES

The potential compensation in a drug injury case depends on various factors, including the severity of the injury, impact on quality of life, and financial losses incurred. Victims may be able to recover damages for:



  • Medical expenses (past and future)
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Disability-related expenses
  • Loss of enjoyment of life


In cases of extreme negligence or misconduct, punitive damages may also be awarded to punish the defendant and deter similar behavior.



CHALLENGES IN DRUG INJURY LITIGATION

Pursuing a drug injury case can be challenging for several reasons. 



  • Proving Causation
    Establishing a clear link between the drug and your injury is crucial. This often requires extensive medical evidence and expert testimony.
  • Statute of Limitations
    There are time limits for filing drug injury lawsuits, which vary by state and type of claim. It's essential to act promptly to preserve your legal rights.
  • Powerful Opposition
    Pharmaceutical companies have vast resources and experienced legal teams to defend against lawsuits. This makes it critical to have skilled representation on your side.
  • Complex Scientific and Medical Issues
    Drug injury cases often involve intricate scientific and medical concepts. Our legal team will effectively communicate these issues to a judge or jury


HOW GORDON & ELIAS LLP CAN HELP

Our experienced attorneys are dedicated to helping clients navigate the complex legal landscape and secure the compensation they need for their recovery. We will review what happened to you, answer any questions honestly, and help you determine the best course of action. Whether your case involves product liability, pharmaceutical litigation, medical malpractice, or toxic torts, we are committed to ensuring that your rights are protected.


We work on a contingency fee basis, meaning you do not pay unless we win your case. Our goal is to provide compassionate, effective legal representation that holds the responsible parties accountable and ensures that you receive the justice you deserve.

We have a reputation of bringing respect, professionalism and a personal touch to every injury claim we accept.

Every state limits the amount of time you have to file a claim.

Don't Delay.

Contact the Attorneys at Gordon & Elias, LLP Today to preserve your right to a recovery.

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