Pain Killers: Who Can Sue?

 

Personal injury claims for individuals who have been seriously injured by prescription or over-the-counter drugs with dangerous and undisclosed side effects include defective product liability, failure to warn, and negligence.

 

Plaintiffs in drug cases such as these typically look to recover damages for medical expenses, previous lost earnings as well future earning capacity, physical pain and suffering and mental anguish.

 

A pharmaceutical attorney who specializes in products liability will help you sort through the legal aspects in gaining reimbursement for your harm. Find one in your area today! (link to WCIS questionnaire)

 

If you are currently taking a prescription painkiller and have concerns about its safety, you should consult your doctor regarding your treatment options. You should not discontinue taking your painkiller medication without first consulting with a medical expert.

 

Examples of Negligence

 

Negligence in painkiller lawsuits is usually claimed because patient warnings were not timely or not sufficiently stringent to dissuade at-risk consumers from using a drug. A serious risk of addiction and life-threatening illness are other valid reasons for claiming negligence on the part of the manufacturer and/or prescribing physician.

 

Potential Recovery

 

$5 million jury award to a Philadelphia couple following the death of their 1-year-old son who was given Infants' Tylenol for a cold. The Philadelphia Medical Examiner's Office said the cause of the boy’s death in March 2002 was acetaminophen toxicity.

 

$1 million in punitive damages awarded to a 39-year-old male who worked as a former special assistant to President George Bush and lost his liver as a result of taking Tylenol Extra Strength.

 

$4.85 billion: In November, 2007 – 3 years after Merck removed Vioxx from the market – it settled a lawsuit with 27,000 plaintiffs for nearly $5 billion. Vioxx was recalled on September 30, 2004 in the largest prescription drug recall of all time after a study showed a significant increase in risk for heart attack and strokes.

 

Initially, Merck maintained it would fight every case and made no settlements. Lawyers who had previously filed cases stood to divide at least $1.6 billion of the settlement money. Afterwards, Merck revealed that it had spent nearly $2 billion on its own legal fees and risked having to pay tens of millions in jury verdicts if appeals failed.

 

Non-disclosed settlement to a Missouri woman who began taking Standol in nasal spray form in 1994, for relief of her migraine headaches. Her subsequent addiction to Standol led to the breakup of her family and the conviction of her drug dependent son on second-degree murder charges. After she filed a federal products liability case against Standol’s manufacturer Bristol-Myers, the company agreed to settle. The plaintiff and Bristol-Myers signed a confidential agreement in May, 2003 in which Bristol-Myers did not admit any liability.

 

$12 million class action settlement in 2005 with Canadian Standol users. The drug company agreed to the settlement filed against Bristol-Myers Squibb Canada and Bristol-Myers Squibb Company on behalf of all Canadian residents who purchased Stadol NS nasal spray in Canada from July 1, 1994, to July 1, 2004. The action alleged that the nasal spray is addictive and that the defendants did not adequately warn patients of the possibility of addiction.

 

In January, 2005, the New York State Court dismissed an OxyContin class action lawsuit against Purdue Pharma because the plaintiffs had failed to meet the clearly defined class requirements. With the exception of a lawsuit brought by the Attorney General of West Virginia – which was settled with no admission of wrongdoing by the company – Purdue Pharma claimed that it had paid nothing to settle the 261 cases that had been either withdrawn or dismissed prior to that time.

 

$500 million: In May, 2008, Pfizer began negotiating settlements with an estimated 7,000 to 9,000 Celebrex and Bextra injury claims in the U.S. The cases were filed by people alleging that these 2 painkillers caused their heart attacks and strokes.

 

According to the Wall Street Journal, Pfizer is willing to pay as much as $500 million to resolve all outstanding cases. It was further stated that Pfizer reached settlements with three law firms which represent more than 200 of the thousands who sued over the drugs. These firms have reportedly been offered from $40,000 to $50,000 per client to resolve their Celebrex cases and as much as $200,000 per Bextra plaintiff.

 

If you or a family member were injured or worse as a result of taking a painkiller medication, contact a pharmaceutical drug lawyer who can examine the facts of your case and advise you if you are eligible for compensation.

 

By completing our short questionnaire, whocanisue.com can help you locate a pain killer attorney who has experience with cases involving product liability. Get started now!