Pharmaceutical companies and manufacturers can be held liable for injuries caused by the defective drugs they knowingly put out on the market. Unfortunately, there are limitations when it comes to holding drug manufacturers liable.
Regardless, if you have suffered an injury as the result of a defective drug, you do have options. If you or a loved one have been the victim of excessive tearing (epiphora) as a result of being treated with the chemotherapy drug Taxotere, it’s time to fight back. Today, the relentless Texas Taxotere lawsuit attorneys of Hotze Runkle PLLC will go in-depth as to how drug companies avoid liability and how having the right representation can help.
The FDA and Its Duty to Warn Consumers
Drug manufacturers are required by the U.S. Food and Drug Administration (FDA) to properly test drugs for approval and sale. Once a drug manufacturer has received approval for public usage, it is the responsibility of the maker of the drug to warn consumers of all the potential dangers that may come with use.
While the approval process is meant to safeguard consumers, drug companies use the FDA’s approval for manufacturing and sale as a way to avoid liability for claims like defective design.
Though a drug manufacturer cannot be held accountable for unforeseeable dangers of their product, their duty to warn still persists with the release of the drug, meaning companies have to acknowledge side effects as they become recognized over time.
Unavoidably Risky Products
Some drugs are deemed as unavoidably unsafe products. This essentially means that they aren’t able to be developed entirely safe despite how meticulously they are manufactured.
Certain drugs can have life-changing side effects, but can still benefit the user anyway. If particular drugs go through the proper preparation while including sufficient warnings, the manufacturers and companies oftentimes use this concept to limit their liability in a defective drug/product claim.
Learned Intermediary
If a drug label neglects to provide details and crucial information about said product, an injured individual may be able to file a claim for failure to warn. However, if the label does, in fact, list every risk, the drug company can usually take advantage of a form of defense referred to as the learned intermediary doctrine.
This basically indicates that a manufacturer cannot be held liable for a high-risk drug if the potential side effects were mentioned on the label and made available to the patient’s doctor (the learned intermediary).
To put it into simpler terms, drug makers aren’t obligated to warn you directly. They provide the warning through learned intermediaries, who are the medical care providers who the users are in contact with.
The drug maker’s duty to warn is fulfilled as long as they mention the side effects to these parties.
On the other hand, these learned intermediaries can be held responsible if a patient suffers an injury because of their negligence. Their job is to have a full understanding of the drugs they prescribe, provide warnings of all the possible side effects, and be conscious of their patients’ conditions that could lead to issues.
In situations like these, the duty to warn no longer applies to the drug company, but instead to the physician who’s supposed to give patients a thorough explanation of the benefits, as well as the risks of the medication they’re prescribing.
The issue at hand is that in most cases, general practitioners aren’t fully aware of all the risks of a given drug.
Statute of Limitations
The statute of limitations restricts the amount of time you have to bring a lawsuit about. Every state has a specific number of years after the injury, or the date of discovery of the injury, to file a complaint in court.
Bear in mind that the Texas statute of limitations says that an individual must file a personal injury no more than two years following the day the injury arises. The time limit may also begin when the plaintiff becomes aware that the defective drug was the cause of their injury.
How the skilled Taxotere lawsuit attorneys at Hotze Runkle PLLC can help you!
Product liability lawsuits can be quite complicated, and establishing fault requires outstanding legal assistance and testimony from those who have experience in the field. Someone may well be liable for your suffering, but only a knowledgeable attorney who has heard the details of your case can make that judgment.
If you or a loved one have suffered from permanent and irreversible tearing due to treatment with the chemotherapy drug, Taxotere, the Texas defective drug lawyers of Hotze Runkle PLLC are here to help.
Contact Hotze Runkle PLLC at (877) 919-0830 if you or a loved one are suffering from excessive tearing after treatment with the chemotherapy drug, Taxotere.
When it comes to pharmaceutical and medical device companies, Americans expect them to test out the safety and effectiveness of their products before they go out on the market. Unfortunately, drugs and other medical products are not always evaluated, and even when they are, pharmaceutical companies may even falsify information to make them appear safe.
Injuries caused as a result of a defective drug or flawed medical device can permanently change someone’s life, leaving the patient and family in severe medical debt. In some instances, families may even lose loved ones.
But those who have suffered from a defective drug should know that there is hope.
U.S. law gives consumers the right to file a legal claim against the parties who have injured them if they have suffered an injury due to negligence, giving them an opportunity to secure compensation for the damages they have suffered.
If you or a loved one have suffered from excessive tearing (epiphora) upon treatment with the chemotherapy drug Taxotere, take legal action as soon as possible. Today our experienced Texas Taxotere lawsuit attorneys of Hotze Runkle PLLC will go into detail about what Taxotere victims can expect after filing a defective drug lawsuit.u Should File a Lawsuit
Faulty drug and medical device lawsuits have to do with a unique practice area of the law known as product liability. For most victims, filing a lawsuit is the only method to receive adequate compensation for injuries that lead to physical, financial, and/or emotional damages.
Plaintiffs may claim particular injuries and damages attributable to the faulty product, such as ongoing medical treatment for injuries (i.e. hospitalization expenses), loss of companionship or consortium, loss of wages, impaired quality of life, pain and suffering, or losses related to the death of a loved one (i.e. funeral costs).
While each case is unique in its own right, product liability claims share certain standards of proof. When filing a product liability lawsuit, the plaintiff must prove the faultiness of the drug or device that caused their injury.
Product liability accepts that a company may be liable for a defective product in three ways: the liable party’s failure-to-warn of defects, design or manufacturing defects, or a failure to provide adequate information to users of their product.
What to Expect After Filing a Lawsuit
A lawsuit goes through a number of phases on its way to settlement or trial.
Once your lawyer starts the process of issuing a complaint, the drug or device company composes a response and litigation occurs. The process proceeds with discovery, motions and settlement, or trial and post-trial.
Product liability laws vary per state and product, including the statute of limitations, which limits the amount of time you have to file. The Texas statute of limitations states that a person has to file a personal injury no later than two years following the day the cause of action arises. The time limit may also begin from the date of surgery, injury, or when the plaintiff realized the product caused their injury.
The clock for a defective product claim in Texas generally starts to tick when the injury happens. However, there are particular situations where the statute of limitations can be tolled to a time when the injured individual first became aware of the issue.
In either scenario, it is imperative that the victim of the injury keep track of the date of injury to ensure their eligibility to file a lawsuit.
In drug and device injury litigation, there is generally no fee for a consultation.
Let the trustworthy Taxotere lawsuit lawyers at Hotze Runkle PLLC fight for you!
If you or a loved one have suffered from permanent and irreversible tearing as a result of treatment with the chemotherapy drug Taxotere, you can count on the defective drug lawyers of Hotze Runkle PLLC to take it from here.
You have the right to hold the pharmaceutical company responsible and deserve compensation for your suffering. With a FREE consultation from Hotze Runkle PLLC, you are one step closer to making that happen.
Contact Hotze Runkle PLLC at (877) 919-0830 if you or a loved one are in pain from excessive tearing after being treated with the chemotherapy drug, Taxotere.
When lawsuits involving harmful drugs and defective medical devices begin to emerge across the nation, often, these numerous lawsuits are merged under multidistrict litigation (MDL) in order to improve the efficiency of the legal process and to avoid tying up valuable court resources.
Today our knowledgeable Texas Taxotere lawsuit attorneys of Hotze Runkle PLLC will give you a thorough, yet simple explanation of multidistrict litigation and how it can help you secure the compensation you need if you or a loved one have suffered from excessive tearing (epiphora) as a result of treatment with the chemotherapy drug, Taxotere.
How does multidistrict litigation work?
When numerous lawsuits have been filed by plaintiffs who’ve suffered a similar injury caused by the same defective drug or product, or act of corporate negligence, the various attorneys representing clients in these lawsuits may request that the Judicial Panel on Multidistrict Litigation create an MDL to centralize the lawsuits.
It is worth noting that even if lawsuits are consolidated in an MDL, you will still have your individual attorney.
How MDL comes into play is during the pretrial process. The court will bring together a group of lawyers from across the country to coordinate pretrial measures and help handle the litigation accordingly.
What to expect in MDL.
Once an MDL has been allowed, the process will move into the next step: the discovery phase. Throughout discovery, the company being sued may be required to hand over documents with essential information relevant to the case.
It is also important to mention that witnesses may be questioned under oath during depositions and this testimony can be used at trial to support or invalidate allegations in the lawsuit.
The attorneys representing clients in the MDL can also file pretrial motions with the judge when it comes to discovery issues and the adequacy of evidence during trial. The judge may hold hearings to dictate the extent of discovery and rule on any disputes that appear throughout the litigation process.
Resolving the cases.
After the discovery process is finished, the judge can pick out several of the individual lawsuits to go on as bellwether trials – essentially a “test run”– although the outcomes of the bellwether trials will vary from plaintiff to plaintiff. Bellwether trials give both sides the fair opportunity to predict how juries may decide on a lawsuit.
For example, if the defendants lose all or most of the bellwether trials, the company may want to access a global settlement to avoid continued liability (and payouts) in the lawsuits that are left.
If the defendant wins the bellwether trials, the company and their lawyers could choose not to establish a settlement. At any time throughout the MDL, the attorneys may try to negotiate a settlement for all the cases involved in the litigation.
If the settlement negotiations come out as unsuccessful by the conclusion of these trials, the cases are transferred back to the courts where they were originally filed to go forth as individual lawsuits. Your attorney will then make the executive decision to either withdraw your suit or go on to trial.
Trust in the dependable Taxotere lawsuit lawyers at Hotze Runkle PLLC.
If Taxotere or another chemotherapy drug has destroyed, reduced, or damaged your happiness and well-being, then you have the legal right to hold the pharmaceutical company accountable for your suffering.
The product liability lawyers of Hotze Runkle PLLC have successfully represented cancer patients who have faced permanent and irreversible tearing as a result of being treated with chemotherapy drugs.
Do not wait to contact Hotze Runkle PLLC at (877) 919-0830 if you or a loved one are suffering from excessive tearing after being treated with the chemotherapy drug, Taxotere.
Manufacturers owe it to consumers to ensure their products are safe by providing ample warnings when there is a risk of injury involved. This goes for every product, from medications to toys to automotive parts and supplies.
Unfortunately, companies sometimes fail to give out these warnings, neglecting the very consumers they were meant to treat. Such was the case when Sanofi-Aventis failed to properly inform their users about the excessive tearing that comes with their breast cancer chemotherapy treatment, Taxotere.
But there is hope. If you have suffered from chemotherapy tearing stemming from Taxotere treatment, you may be eligible to file a product liability claim with our experienced national Taxotere injury attorneys at Hotze Runkle PLLC. Today, we are going to share some pertinent information regarding Texas product liability laws and how they can affect your Taxotere lawsuit.
But First, Let’s Define Product Liability by Texas Law.
The State of Texas defines product liability as, “…any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product whether the action is based in strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, or any other theory or combination of theories.”
In a nutshell, this means that if you or someone you love is harmed or killed–or even incurred damage to real or personal property–by a defective product, you have the right to recover financial relief from the party responsible. In most cases, it deals with negligence on account of one particular party somewhere within the product’s chain.
By law, there are three ways that a defective product can be determined:
- There was a manufacturing defect in which the item was assembled incorrectly before sale.
- There was a design defect instead of an alternative design that would have been safer.
- There was a terrible marketing mistake, like a failure to warn a consumer about any potential risk.
In many product claims, a professional’s testimony from the medical or engineering fields can provide relevant evidence that can help your legal team prove the product was defective.
Product Liability and the Texas Statute of Limitations
Usually, a Texan injured by a defective product has two (2) years to file a product liability lawsuit in accordance with state product liability laws. Time for the lawsuit starts running either on the date when the victim suffered the injury.
The State of Texas does, however, have exemptions to the rule:
- The victim was a minor.
- The victim was mentally or physically impaired.
- The defendant (i.e. the party responsible for the injury) deliberately hid any involvement.
- The defendant’s negligence was unknown, even years after a wrongful death occurred.
In the case of Taxotere, users were not made aware of the dangerous side effects and the excessive tearing by Sanofi-Aventis, and a lot of these individuals have legitimate claims in the eyes of Texas law.
Who Can I Turn To For Help in My Taxotere Injury Claim?
The experienced Taxotere attorneys of Hotze Runkle PLLC have taken up cases for Taxotere injury victims in their march against the negligence committed by Sanofi-Aventis and their defective breast cancer chemotherapy.
Don’t let corporate fearmongering dissuade you from seeking legal action. Our Taxotere attorneys could set your case in motion, seeking the settlement you and countless others need to properly recover. It’s not too late to seek help.
Get the compensation you deserve for your chemotherapy tearing. Contact the national Taxotere attorneys of Hotze Runkle PLLC today at (877) 919-0830 to schedule your FREE legal consultation today.
If you or a loved one are suffering from an illness where a specific medication is required to help treat the condition, then you may want to look into the side effects that can come with the pharmaceutical product you are being prescribed. Unfortunately, while these drugs are intended to help you, there are plenty of instances when these medications can instead cause serious harm to both your health and quality of life.
When you consider the health issues associated with taking a defective drug, the medical care you must seek in order to treat any unexpected side effects and the accompanying bills, as well as the emotional and mental strain, the repercussions of taking a defective drug can be catastrophic.
If you or family member has suffered irreversible and permanent tearing as the result of being treated with the breast cancer chemotherapy drug, Taxotere, you may feel lost and uncertain – but there is hope.
With the outstanding legal support of Hotze Runkle PLLC, you have a great shot for justice. Our team of Houston Taxotere lawsuit attorneys and national litigators have the skills, diligence, and means to help you secure the compensation you need for your injuries caused by the defective drug – in this particular case – Taxotere.
How Texas Handles Defective Drug Lawsuits: The Laws That Govern Them
Pharmaceutical-based product liability lawsuits (also referred to as “bad drug lawsuits”) while not too different from personal injury cases, do have a few significant aspects that set them apart in Texas.
Depending on your specific circumstances, there are three means by which you will be able to file your claim:
- If the drug was not designed properly
- If something went wrong in the manufacturing process of the drug
- There was a failure to properly inform consumers of the drug’s side effects
To further explain these concepts, there is considered to be an error in the design of the drug if it is exceedingly dangerous even when being properly used. However, it is a rare case that these types of claims are filed because most dangerous drugs are generally not approved by the United States Food & Drug Administration (FDA).
In other instances, a drug can be designed properly, but something may happen during the manufacturing process that makes the drug no longer safe to use. A common example of this would be a drug that gets contaminated by a harmful component in the process of being manufactured.
Failure to properly advertise is a reasonable claim to file since Texas adopted the learned intermediary doctrine, which means that in some cases, the manufacturer fails to meet their obligation to provide adequate warnings to consumers and the prescribing physicians.
Who Can Be Held Liable and Why?
The drug manufacturer, your doctor, your pharmacy, and even testing laboratories can be held liable. Here’s why:
- Drug manufacturers can be held responsible for defects in manufacturing, defects in design, or inadequate marketing.
- Your doctor may be held liable for your injuries if they gave you the wrong medication or failed to properly inform you of the side effects, while your pharmacy – or even the pharmacists – can be guilty of filling the wrong medication or providing an improper dosage.
- Drugs have to go through a set of tests before they can be approved, so if one of the testing laboratories made an error and allowed an unsafe drug into the market, the laboratories can be to blame for your injuries.
Don’t Wait to File Your Claim Against Taxotere – Act Now!
In the state of Texas, you have two (2) years to file a product liability claim or a defective drug claim. If you fail to meet that time limit, it is more likely that the Texas civil court system will deny your claim.
However, please be aware that the statute of limitations varies from state to state. Should you be unable to file your claim in Texas, you may have the opportunity to file in another state. Your lawyer should be able to provide you additional information regarding this.
Some injuries are more difficult to detect and may go unnoticed for years following the injury. For example, Taxotere users didn’t suffer excessive tearing after their first treatment but began to develop the issue after constant exposure.
It is crucial to seek out legal guidance as soon as you start to notice any pain or discomfort or signs of the product being defective. It is important that you start the process of filing a claim against the makers of Taxotere sooner rather than later.
You can receive more information and a FREE case review from our national Taxotere lawsuit attorneys of Hotze Runkle PLLC by calling our office today at (512) 476-7771.
You trust pharmaceutical manufacturers to help you recover from frightening conditions with the care and safety that you deserve. The unfortunate truth, however, lies in the fact that some are in it only to put profits over people. When that happens, you could be left fighting off life-threatening conditions like breast cancer and the negative side effects that these drugs cause.
Injuries caused by defective drugs can cause life-long damage and hardship, and for victims, it can be the start of a very overwhelming and confusing time. You deserve answers from the manufacturers of defective drugs, and our product liability attorneys aim to get them.
If you are injured due to a defective drug, namely the chemotherapy drug Taxotere, our Taxotere attorneys at Hotze Runkle PLLC can help you challenge drug manufacturers in order to receive the settlement you are owed. As an added benefit, a product liability claim can essentially punish manufacturers, causing them to pull defective drugs from the market, require the addition of new warning labels, and save others from certain harm.
Proving Defective Drug Cases
The pharmaceutical industry is one of the largest in the United States, but they are still subject to laws and regulations by the Food and Drug Administration (FDA). Like other civil suits, you will need to prove you were injured, prove the drug you took was defective or wrongly prescribed, and then prove that it was this defect that caused your injury.
Below you will find an outline of what to do if you are injured because of a defective drug, as well as three common types of pharmaceutical liability cases.
1. Prove You Are Injured
The first step of this process is arguably the simplest. You will need to prove that you have been injured, not just that you could have been injured. For instance, if you are prescribed a drug incorrectly but notice before you take it, then you haven’t been injured, and your claim won’t stand.
A trip to the hospital can not only diagnose what side effects you are enduring because of the defective drug, but it can also document that you have received treatment for your injuries and paid a large expense for something that wasn’t your fault. Save these documents for your product liability attorney.
2. Prove the Drug Was Defective
The second–and far more complicated–step is to prove that the drug was defective, falsely advertised, or misprescribed. In product liability, you will namely see these three types of cases:
- Defective Manufacturing – Defective manufacturing can cause injuries to the public by providing a bad or impure form of the drug. This could mean that the drug was mislabeled or swapped with another medication. The FDA can punish manufacturers who haven’t kept their standards high enough to ensure patient safety, but there is a statute of limitations on this sort of claim. This means you should come forward as soon as possible after being injured.
- Dangerous Side Effects – Another cause of defective drug injuries is the concealment of dangerous side effects by the manufacturer. For example, in Taxotere claims, excessive tearing is a real symptom that users experience and were not told about. In other cases, this can include side effects that the manufacturer missed during testing. This sort of claim is particularly hard to prove, so the help of an experienced product liability attorney is vital.
- Improperly or Falsely Marketed – There are several different ways that the improper or false marketing of a drug can lead to injury. This could include improper or incomplete warning labels that lack the information needed to prevent injury.
It also includes injuries sustained due to “off-label” use recommended by a doctor or pharmacist. If your doctor has prescribed you the wrong drug, or prescribed you a drug improperly, you can sue them for malpractice. If you don’t read or follow the warnings and directions given to you by your pharmacist and doctor, however, you are unlikely to win a defective drug case.
You should always read over the list of warnings and instructions just in case, even if you discussed them with your doctor. Your pharmacist is required to ask if you need any new medications explained in order to cover their own liability, so you should be able to check the information and instructions with them. Taking a risk with your health just isn’t worth it.
3. Prove This Defect Caused Your Injury
The next step is to prove that it was the defective drug that caused your injury and not something else entirely. An experienced product liability attorney is absolutely crucial for this step, helping you attain expert testimony that shows your claim has merit. An expert testimony makes a vast difference in the outcome of your claim. Evidence brought forth from medical, engineering, or accident recreation specialists can help your attorney present stronger evidence to prove the defective drug caused your injury.
There are also different laws in place in each state that are meant to protect the public from defective drugs. Each case is different, which is why you need an attorney who will address your individual needs.
Excessive Tearing Caused by Taxotere? Trust Only One Law Firm To Represent Your Case!
You may be entitled to compensation meant to cover your pain and suffering, medical claims, lost wages, and reduced quality of life. While defective drug cases like those brought against the manufacturers of Taxotere are similar to other civil cases, it is important to find an attorney with the right experience.
Our team of national litigators at Hotze Runkle PLLC have the experience, determination, and ability to help you get the compensation you deserve if you have suffered excessive tearing as a result of being treated with Taxotere.
Contact the national Taxotere attorneys of Hotze Runkle PLLC today at (512) 476-7771 for a FREE case review or fill out the contact form below.
Say that you’ve been suffering from an illness that requires a specific medication. Now say that the pharmaceutical product came with a hideous assortment of side effects that hamper your very lifestyle and actually threaten your health.
When suffering from defective drugs, victims are often left to sort out their situation on their own. From recognizing the health issues associated with the product to seeking medical care to treat any unexpected side effects, handling medical bills associated with these health emergencies, and dealing with the overall mental strain, the aftermath of taking a defective drug can be traumatizing.
If you have suffered irreversible and permanent tearing as a result of being treated with the chemotherapy drug, Taxotere, you may be asking if there is justice. In fact, there is.
Not all hope is lost when you decide on seeking the meaningful and quality legal guidance of Hotze Runkle PLLC. Our team of national litigators has the experience, determination, and ability to help you get the results you need if you have been injured by a defective drug – namely – Taxotere.
Types of Defective Drug Claims
Depending on your specific situation, you may be able to file a claim based on any of the three following standards:
- The drug was improperly designed. This occurs when the drug was inherently designed with a defect that makes it dangerous. While this is rare, it can occur.
- The drug was manufactured incorrectly. This occurs when the drug was designed without error but an issue occurred during the manufacturing process that made it dangerous for consumers.
- The drug was improperly marketed or the manufacturer failed to provide consumers adequate warning information. In the advertisement of a drug, the manufacturer must inform users of all known side effects and risks associated with the product. When the company fails to provide this information, they place lives at risk of serious injury – or even death.
What Is the First Step I Take?
The first step to take is to make sure that your health and well-being are not in jeopardy. While you may not initially feel the side effects of the defective drug, it is important to speak with your doctor about any concerns you may have. Your doctor may be able to provide you an alternative option.
Once you have sought out medical attention – which is also important for securing documentation for your claim – you will want to begin seeking out the assistance of a qualified and committed attorney that has experience handling product liability claims. While you do not want to rush through the process of selecting a lawyer, it is important to keep in mind that there are statutes of limitations that limit the amount of time you have to file a case.
Every state has imposed statutory limits on the amount of time you have to file a lawsuit against another party. Unfortunately, if you do not file your claim before the statute of limitations becomes void, then you are essentially forfeiting your right to seek compensation for the damages you suffered.
What Is the Statute of Limitations in Texas?
The statute of limitations for filing a product liability claim, including a defective drug claim, is two (2) years in the state of Texas. If you fail to meet the time limit, the Texas civil court system will most likely deny your claim.
However, it is worth noting that the time limit of filing a product liability claim varies from state to state. Depending on the elements of your claim – and if a class action lawsuit is taking place – you may be able to file your case in that state.
Some injuries are harder to discover and may not be uncovered until years after the injury actually happened. For example, Taxotere users didn’t initially suffer excessive tearing after their initial treatment, but it may have begun to develop after subsequent exposure. In such cases, the issue of when exactly the statute of limitations began to run is an important element to understand.
When Does the Statute of Limitations Begin?
Understanding when the statute of limitations begins for your particular situation is essential to meeting the time limit to file. In certain states, the statute of limitations begins when the defective product/drug was purchased. However, in other instances, the starting date for filing a claim does not begin until after the injury occurred or was discovered.
If the manufacturer of a given product issues a notification that its product was defective, then they may argue that the statute of limitations began at that time.
This is why it is important to seek out legal guidance immediately after you have suffered your injury or uncovered that the product is defective. Time is of the essence and you will want to start the process of filing a claim against the makers of Taxotere as soon as possible.
For more information and a FREE case review, contact the national Taxotere attorneys of Hotze Runkle PLLC by contacting our office today at (512) 476-7771.
Expert witnesses are individuals who have special knowledge in a particular field relevant to your case. Expert witnesses can provide important pieces of evidence through facts and experience, providing testimony on your behalf.
In the case of a defective drug claim, an expert witness can prove to be essential to proving the validity of your case. Your attorney can help you to secure the aid of these individuals.
At Hotze Runkle PLLC, we understand that the victims of defective drugs are often left in pain and confusion. Without a clear understanding of their legal rights and without much guidance on what steps they need to take next to protect themselves, individuals suffering from a defective product can face a world of problems.
But there is hope.
If you have suffered from permanent, excessive tearing as a result of being treated with the chemotherapy drug, Taxotere, know that you do have legal options. The attorneys of Hotze Runkle PLLC will help you to develop the strongest claim possible alongside a supporting cast of expert witnesses, medical experts, investigators, researchers, and other legal personnel to secure the results you deserve.
What Is an Expert Witness?
Expert witnesses (also known as judicial experts) are witnesses who, by skill, training, education, or experience, have vital expertise and key knowledge that is beyond what a layperson might have.
In court, they are accepted as having an expert opinion that carries weight. An expert witness can deliver expert evidence using all the knowledge from their given field. An opinion from an expert witness can be used to demonstrate wrongdoing in an accident, the medical facts of a given defective drug, or can provide research highlighting how a given product was improperly designed or manufactured.
When the time comes to prove your damages, expert witnesses can include grief counselors, psychologists, forensic accountants, and psychiatrists.
Expert Witnesses Vs. Testifying Experts
There are two wide categorizations of witnesses – testifying experts and consulting witnesses. A consulting witness can help explain the facts of a case. However, these individuals generally do not testify in court – unless they are recruited to do so. Instead, consulting experts help your legal team to better understand facts regarding the given defective product/drug, how it works, and industry-related standards regarding manufacturing. They can, however, assist your lawyer in securing a qualifying expert witness.
On the other hand, an expert witness does provide testimony in front of a judge or jury.
What Are Some Types of Testifying Experts?
For defective drug claims, the following types of expert witnesses may be able to provide support in proving your claim:
- Accident Reconstruction Expert — An accident reconstructionist can piece together the specifics of an event to determine a timeline.
- Medical Expert — This person will be able to speak about the nature of a plaintiff’s injuries. This will usually provide the necessary evidence against the defendant.
- Engineering Expert — An engineering expert can explain what happened and why when regarding a defective medical device or other product.
- Mental Health Expert — A mental health expert can evaluate the mental state of the plaintiff. Not only that, they can help determine how the injury affected the plaintiff’s state of mind. This can naturally be used to calculate pain and suffering based damages.
- Financial Expert — A financial expert can calculate how much you’re owed in the event of loss of finances as a result of hospital stays and recovery.
- Vocational Rehabilitation Expert — If you were injured as the result of your defective drug use, there are usually questions regarding your ability to be gainfully employed. This type of expert can give the necessary insights into any and possibly all future work prospects.
Get In Touch With Trustworthy Taxotere Lawsuit Attorneys
Breast cancer patients have relied on docetaxel infusions to keep cancer cells from replicating, but unfortunately, docetaxel medications such as Taxotere can have a negative effect on your health.
If you are suffering from permanent and excessive tearing as a result of being treated with Taxotere, you should seek out the unmatched legal experience of the Taxotere lawsuit attorneys of Hotze Runkle PLLC. Our law firm – in collaboration with expert witnesses – can help to develop a winning case for you.
For more information and a FREE case review, contact the Taxotere lawsuit attorneys of Hotze Runkle PLLC today by calling (512) 476-7771.
When facing physical, emotional, and financial damages as the result of using a defective drug, legal action may be necessary. Naturally, however, you may have multiple questions such as: What do I do next? What sort of lawsuit do I have on my hands? What’s the difference between a personal claim and a class action suit?
Your Texas pharmaceutical liability attorneys here at Hotze Runkle PLLC would like to inform you about the legal options you may have when it comes to filing a defective drug claim – especially if you have been affected by Taxotere.
If you are wondering whether to file an individual claim or if you should join a class action lawsuit, then consider the following information.
What is an individual pharmaceutical liability lawsuit?
In an individual lawsuit, you – as a single plaintiff – would seek to hold the company (or companies) responsible for causing your injuries. If you decide to file an individual lawsuit, then all compensation would go to you, aside from lawyer fees. This is important to note, as in class action lawsuits, the compensation recovered is split among all plaintiffs.
Compensation in this type of claim can include recovery for the following types of damages:
- Medical costs (past and present)
- Lost income (past and present)
- Pain and suffering
- Loss of consortium
- Loss of quality of life
- Related costs due to illness or recovery
Additionally, if multiple individuals are filing multiple claims, those who file earliest are likely to secure more compensation for their troubles.
What are class action lawsuits?
Class action lawsuits can include dozens to thousands of individuals all joining together to file claims against a company or organization that has wronged them. Depending on the circumstances of your situation, it may benefit you to join a class action lawsuit against the makers of Taxotere versus going at it alone.
Advantages of participating in a class action lawsuit can include:
- It is generally financially easier for a plaintiff to join a class action lawsuit versus filing their own claim. The cost of quality legal counsel is essentially split by all participating parties, thus making it more affordable.
- Class action lawsuits are widely considered a good thing for the court system. If every individual who had been wronged in a class action filed a separate lawsuit, the large number of actions would drag court schedules into a quagmire, causing horrendous problems for the courts and for plaintiffs trying to get a trial date and resolution.
- Resources are shared in a class action lawsuit, which allows the litigation process to function much more efficiently. Plus, with information being readily shared, plaintiffs can benefit from new data or proof showing how they have been harmed.
- In certain situations, class action lawsuits extend the statutes of limitations, giving you more time to act.
- In situations where there are a finite amount of assets for recovery, a class action suit guarantees that the recovery would be divided evenly among all people injured.
Dependable Texas Taxotere Lawsuit Attorneys
If you have suffered from permanent tearing as a result of undergoing chemotherapy treatment, know that you do have options. Our Texas Taxotere lawsuit attorneys can help you determine what your legal options are and whether that means filing an individual claim or filing as part of a class-action lawsuit.
If you suffer from excessive tearing as a result of Taxotere treatment, contact the Taxotere injury attorneys of Hotze Runkle PLLC today at (877) 919-0830.
Manufacturers can make mistakes, but this often leaves you, the consumer, stuck with the fallout. Whether some sort of faulty surgical device or a terrible side effect of a defective medicine causes you injury, you’ll be the one expected to pay the mounting medical costs.
When individuals fighting breast cancer used Taxotere, they didn’t expect to experience excessive tearing, and as a result, our Austin Taxotere injury attorneys here at Hotze Runkle PLLC are bringing their voices forward to earn the compensation they need to cover damages caused to them through no fault of their own.
However, because product liability claims involve so many different factors, finding the right experienced product liability lawyer to accurately represent your claim can be an overwhelming task. To remedy this, our product liability attorneys have gathered the three following qualities that you should look for if you need representation in your defective drug claim.
1. Experience
When your lawsuit centers on a faulty product or medical procedure, you may not actually be filing against a singular. A long chain often exists in these types of claims as products passed from material suppliers, manufacturers, retailers, and so on. Even so, you’ll be going up against a company that may have massive resources and a very high motivation to protect their bottom line.
Attorneys like ours who represent victims in defective product claims know how to counter when the company turns up the heat. Experience is key, and a legal team that has fought pharmaceutical companies and corporations before for years is an excellent ally to have in your claim.
2. Credentials Are A Must
When you’re searching for a defective drug lawyer, their credentials should be one of the first things you look for. Members of a law firm must show you all the necessary documents to prove their qualification like a degree from an accredited law school with a focus on food and drug law and medical law. A dedicated lawyer page that also showcases the accolades he or she has received can also show you the value that this lawyer can bring to your claim.
By seeking an attorney with these qualifications, you’re selecting an attorney that can fight to their fullest potential to win your civil court case.
3. A Bounty of Legal Resources
The saying, “It’s not what you know, it’s who you know,” is also applicable when finding the right defective lawyer.
While there is no doubt that a qualified lawyer with years of experience can do wonders for your product liability claim, an experienced product liability attorney with a bevy of legal resources is what wins maximum monetary compensation.
An attorney with access to databases that contain relevant information about product liability claims is a plus that can reinforce the strength of your case, but if an attorney has direct access to professionals that can prove the credibility of your case, even better.
An attorney that also has a lot of local professional ties to medical professionals, accident recreation specialists, and engineers is an attorney that is well-stocked in legal resources.
Having ample amounts of legal resources helps attorneys not only prove liability in your case, but it also gives the judge and jury in attendance a full understanding of the severity of your injuries.
Choose the Right Attorneys at Hotze Runkle PLLC Today
When many users of Taxotere chemotherapy suffered from permanent tearing, they were able to seek justice with the aid of Taxotere injury attorneys like the ones at Hotze Runkle PLLC.
While it is important to look for the aforementioned qualities in a product liability lawyer, we take out all of the guesswork through our sterling reputation in representing those that were taken advantage of by big corporations.