Pharmaceutical Injury Lawyers in San Francisco
Injured By Pharmaceutical Negligence in the Bay Area?
The overall goal of pharmaceutical drugs is to increase the health of patients and alleviate their symptoms. While the health industry has come a long way over the years, the reality is that many of these “helpful” products are actually quite the opposite. Countless consumers suffer each year as a result of dangerous drugs marketed by trusted companies. If you are facing similar circumstances, you are not alone.
The San Francisco pharmaceutical drug injury attorneys at Rouda Feder Tietjen & McGuinn are equipped to file a product liability lawsuit on your behalf and have proven success doing so. We want to fight for what you deserve and, with awards and experience backing us up, we believe we’re a team you can fully trust.
Contact our team at (415) 940-7176 for a FREE review.
How Do I Know If I Have Grounds to File a Claim?
Depending on your circumstances, you may be able to file one of two claims. The first is a claim that only involves your own injuries and doesn’t involve any other plaintiffs. The other option, referred to as a class action lawsuit, involves multiple people all suffering due to the same pharmaceutical drug.
Grounds for filing a claim are generally based on three different factors:
- The drug was defectively manufactured
- The drug has dangerous side effects
- The drug was improperly marketed
The above factors will generally dictate who is at fault for your injuries, which may include multiple parties. Drug manufacturers, doctors, and pharmacists all have a responsibility to keep people safe. However, each year, thousands of patients suffer harmful side effects from defective and dangerous drugs.
Possible Defenses to Pharmaceutical Lawsuits
Some drugs are considered “unavoidably unsafe” products, which means that they cannot be made completely safe no matter how carefully they are manufactured. Such drugs may have potentially harmful side effects, but may be beneficial to the user nonetheless. If such drugs are properly prepared and accompanied by adequate warning labels, they usually cannot form the basis of a successful pharmaceutical injury lawsuit.
Additionally, a drug manufacturer has a duty to warn of the side effects of a drug when such effects become apparent, but is not expected to warn of unknown dangers. Often, the manufacturer discharges this duty by providing the necessary information to the patient’s prescribing physician or to the pharmacist.
Still, the drug manufacturer has a continuing duty to keep abreast of knowledge regarding its products and take all reasonable steps to update medical professionals on their potential adverse effects. There is no duty to warn of possible reactions in unusually susceptible consumers; however, just because a reaction is rare does not mean the manufacturer has no duty to warn users and medical professionals about it.
Seeking Compensation for Your Losses
If you have been injured, you may be entitled to compensation for a variety of economic and non-economic damages. Depending on your case, punitive damages may even be awarded to punish the defendant.
In general, you may be entitled to compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Loss of earning potential
- Future expected medical expenses
Injuries from Mandatory Childhood Immunizations
The National Childhood Vaccine Injury Act of 1986 was established to provide a remedy to persons who have been injured as a result of mandatory childhood immunizations. The Act creates a no-fault administrative compensation alternative to suing vaccine manufacturers when certain vaccines cause injury or death.
Claimants are required to seek compensation through the federal program before pursuing a lawsuit. If a claimant rejects an award or is unsuccessful, a lawsuit may then be filed, but certain restrictions may apply. Lawyers have an obligation to inform their clients of the possibility of recovering under the Act.
Who Can Be Held Liable in a Pharmaceutical Lawsuit?
If you are injured due to a defective or dangerous pharmaceutical drug, there are several parties who may be liable. Our firm has guided numerous clients to successful legal solutions in pharmaceutical lawsuits. When you enlist our help, we can conduct an investigation to determine who is responsible for your injury.
Depending on the situation, you may file a lawsuit against:
- The manufacturer who made the drug
- The pharmacist who filled the prescription
- The doctor who prescribed the drug
- The nurse who provide instructions about how to use the drug
Drug manufacturers must provide adequate warnings about specific side effects that have occurred for each drug. If they fail to do so, and you are harmed as a result, you can file a lawsuit. Improper marketing practices, such as highlighting the benefits while downplaying the risks, can also make a manufacturer liable.
And, as with almost all medical products (with the exception of over-the-counter drugs), there will usually be a “learned intermediary” between a drug’s manufacturer and the ultimate user. This can be the doctor who prescribes a drug, a nurse who instructs the patient, or the pharmacist who fills the prescription.
If your doctor knows that a certain drug will put you at unnecessary risk for an illness and prescribes it to you anyway, you may have grounds to file a lawsuit. Similarly, pharmacists who improperly fill prescriptions or nurses who give incorrect instructions may also be held responsible for your injuries and damages.
Schedule a Free Consultation to Discuss Your Case
Claims involving defective pharmaceutical drugs are generally subjected to a very specific timeframe, which means your time to take legal action is limited. The sooner you call, the sooner we can fight for the justice you deserve. Whether you’re suffering from an anti-depressant, birth control, or pain medication, your pain should not go unnoticed. Our firm has recovered more than $500 million for clients since opening our doors.
For the dedicated legal advocacy you need, contact our defective drug attorneys in San Francisco, CA today to schedule your free consultation: (415) 940-7176.