Defective Drugs

We live in an over-medicated world. According to the Centers for Disease Control and Prevention, 3.7 billion drugs were ordered or provided during physician office visits in 2015 alone, and in 2014 nearly 50% of Americans had used at least one prescription drug in the past 30 days. When purchasing medication, consumers reasonably expect freedom from harm. Unfortunately, the very product intended to heal you may also harm you. In light of Houston’s status as a medical center, many Houstonians and Texans consider the possibility that a drug has inflicted harm.

WHAT TO DO IF YOU SUSPECT A DRUG INJURY

First, document your injuries and symptoms. If your symptoms are visible, take photos. If your symptoms are not visible, record them in a dated journal or note. Second, see a doctor. Inform the doctor of all past and present symptoms and of your concern that a medication caused injury. Third, preserve all evidence, such as medication bottles, medication packages, and prescription labels. Take photos of these items as an easily-shared backup. The manner of proving drug injuries varies from medication to medication, so cast a wide net in preserving documentary evidence.

WHICH DRUGS COULD HAVE HURT ME?

Many drugs and medical devices can cause injury. The following are among them:

  • Abilify
  • Actos
  • Benicar
  • Losartan
  • Olmesartan
  • Pradaxa
  • Proton pump inhibitor
  • Valsartan
  • Vioxx
  • Xarelto
  • Yaz

This is by no means an exhaustive list. Call to discuss whether your medication or medical device may be responsible for injuring you.

WHAT YOU CAN RECOVER WITH THE HELP OF YOUR DEFECTIVE DRUG ATTORNEY

Injury by a defective medication or medical device can impact many aspects of one’s life, from health to job performance. Among the damages a sophisticated attorney can help you recover are the following:

  • Medical and treatment expenses
  • Lost wages
  • Loss of companionship
  • Pain and suffering
  • Cost of lifestyle changes

Call to discuss your individualized damage model. The consultation will be free.

FAQ’s

Why hire a drug injury attorney?

Many victims of defective drugs and devices dismiss their injury thinking that they assumed the risk of injury when purchasing the product. This, however, does not always hold true. In addition to informing you of your rights under the law, a sophisticated attorney can tell you whether other cases involving the same or similar drug or device have resolved favorably. Your attorney will also offer guidance regarding the best evidence for your medication or device and how best to prove your injury. Finally, pharmaceutical and medical device companies, among the most profitable and powerful in the healthcare industry, rarely listen to individuals. Hire Diab Law Firm to grab the attention of these giants and hit them in the only place they truly feel pain: their pocketbooks.

How much do you charge?

You will be charged nothing up-front, and you will pay nothing unless we win your case. The Firm will advance all costs, even the cost of litigation, so you will never go out-of-pocket for your case.

What can I recover in my defective drug claim?

A skilled attorney will construct a damage model for your case and can help you recover the following among others:

  • Medical expenses
  • Lost wages
  • Loss of companionship
  • Pain and suffering

Call us to discuss your individualized damage model. The consultation will be free.

How long will it take to resolve my case?

It depends. The length of a case turns on many factors, such as the facts of the case, the insurance companies involved, the extent of injuries, whether litigation is required, and many other factors.

Do I have a case?

You might. The viability of each case depends on factors too numerous to list here. Please call for a free, no-obligation case assessment.

My claim is being denied and the pharmaceutical company or device manufacturer is ignoring me. Can you still help?

Very possibly so. The expertise of an attorney with knowledge of the industry and of our justice system can easily turn the tides in your favor. Contact the Firm to see if we can turn your claim denial into another successful case.

I do not feel symptoms continually. I only feel symptoms intermittently. Might a defective medication or device still have caused my injury?

Yes, medication or medical device may still have caused these symptoms. Many drugs do not cause continuous pain, and some drug defects cause damages entirely different from pain altogether.

Each defective drug or medical device causes different symptoms. Call to discuss whether your drug or medical device caused your injury.

I do not have any evidence of the drug I consumed. Might I still have a case?

Yes, you might still have a case even if you did not take photos and even if you disposed of your medication bottles, prescription labels, and medication packages. With sufficient information, we can retrieve other evidence that may prove the medication or device caused your injury. This includes medical records, billing records, pharmaceutical records, and financial records.

Will my case go to court?

Probably not. Diab Law Firm strives to resolve cases as early as possible to minimize expenses and to help clients quickly. While the Firm prepares every case for the possibility of trial, most cases, even those that require some litigation, do not proceed to trial.

Should I return to work?

This question invokes both legal and medical issues. Under Texas law, a claimant generally bears a duty to mitigate damages. In other words, you probably should return to work if you can. However, if your doctor issues instructions limiting your motions at work or prohibiting you from working altogether due to medical necessity, your duty to mitigate under the law does not obligate you to continue working in the same way or at all, respectively. Always request your doctor’s instructions in writing.

References:

“2018 Annual Surveillance Report of Drug-Related Risks and Outcomes.” Centers for Disease Control and Prevention, 31 August 2018, https://www.cdc.gov/drugoverdose/pdf/pubs/2018-cdc-drug-surveillance-report.pdf.

“Therapeutic Drug Use.” Centers for Disease Control and Prevention, 19 January 2017, https://www.cdc.gov/nchs/fastats/drug-use-therapeutic.htm.

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