Q&A’s on Product Liability/Bad Drugs/Defective Medical Devices

What does the term product liability, bad drugs and or defective medical devices mean?

Product liability is the area of law in which involves companies in the manufacturing, distributing, supplying and selling of bad drugs and defective medical devices. They are often held responsible for the injuries those medications and products cause. Some include 3M® Military Earplugs, Hernia Mesh, Transvaginal Mesh, IVC Filters, Mesothelioma (lung cancer), Roundup®, Proton Pump Inhibitor, Essure® birth control device, Fluoroquinolones (aortic aneurysm), Gadolinium MRI, Stryker Hip Replacements, Invokana®, Mirena PTC® birth control device, Onglyza® Opiods, Talcum Powder, Taxotere®, Viagra®, Valsartan® Xarelto®/Pradaxa®, Bair Hugger® Surgical Blankets, Zostavax® (shingles), Medtronic® and Infuse Bone Grafts.

If I or a family member are injured or killed by a bad drug and or a defective medical device, can we make a claim?

Possibly against the manufacturer and or seller of the product or drug. There are already many cases already pending nationwide. To see if you may have a legal action, call our office today. We will need to get detailed information including copies of your medical records and or your prescription history.

If the potential defendants, like Monsanto®, Johnson & Johnson®, 3M® and the various pharmaceutical companies, etc. are so large and vigorously defend claims, how can a person ever win their case?

It is therefore vital that you contact an attorney right away to discuss the strength and weaknesses of your potential claim. After examining your medical and or pharmacy records, we’ll have a better understanding if your case can proceed. Since the litigation is often out of the State of Florida, we co-counsel with other law firms across the country to make sure that any viable claim is litigated.

The F.D.A. has not issued warnings about a bad drug and or medical device, does that mean I have no case?

Not necessarily as sometimes a recall is not required in order for you to have a case. Sometimes the F.D.A. just requires warnings or changes in the labeling. Regardless of what the F.D.A. does or does not do, you may still have a case against the companies who manufacture, distribute supply and selling of bad drugs and defective medical devices to the general public. In fact, they do not even require manufacturers to perform a specified number of clinical trials or prove certain products are indeed safe when its considered “substantially equivalent” to another similar device. So therefore, the F.D.A. is  not giving it the “Good Housekeeping”® seal of approval!

What types of damages can I recover in a bad drug/defective product case?

That all depends on a client’s particular situation. Often times, damages include past and future medical expenses, pain and suffering, disfigurement, past and future lost wages –  including the inability to earn your traditional wages, loss of consortium to a spouse of the victim and or funeral expenses.

Should I deal directly with the manufacturer and or an insurance company of a bad drug and or a dangerous medical device?

Absolutely not! Do not give a statement or sign anything from the manufacturer and or their insurance company. They may contact you immediately and act as if they are concerned about your well being. Remember they do not work for you and will try to save money regarding the claim. Evan and his dedicated staff however will represent you and or your family to protect your legal rights. For questions about your specific problem, contact us immediately @ (866) I SUE YOU (478-3968), (866) BAD RXRX (232-7979), (954) 227-7529 and or [email protected].

Should I obtain an attorney to present my claim to the parties responsible for my injuries?

Yes and that’s why The Law Offices of Evan M. Ostfeld, P.A. is here to help. We have various co-counsel relationships with law firms across the county who specialize in certain bad drugs and or defective medical devices. As such, they can assist us in handling the case in the correct jurisdiction, even if you do not live there.