Pharmaceutical Lawsuit FAQs
The product liability lawyers at Hotze Runkle are leading the way when it comes to fighting for the rights of breast cancer patients and survivors who have been hurt by pharmaceutical companies and drug manufacturers. The use of certain chemotherapy drugs has been shown to cause excessive tearing and permanent closure of a patient’s tear ducts. These issues, in turn, cause other eye-related complications that can require surgery as well as lead to significant amounts of pain.
We know that undergoing chemotherapy is a tough experience and having to deal with unexpected health complications can really place a toll on you. That’s why our dedicated team of national product liability lawyers are ready to walk you through this complicated process.
We are eager to provide you with as much information as possible to ensure that you understand everything that is going on should you choose to file a lawsuit. Please read through the following pharmaceutical lawsuit FAQs and feel free to contact us at (877) 919-0830 if you have any additional questions.
What is a product liability claim?
Product liability refers to the legal responsibility of a manufacturer or vendor to sell a safe product and their liability if the product causes harm. In cases where drugs cause unexpected damages, the victim who has suffered as result of using the product may have a product liability claim.
These types of claims generally fall into three categories:
- Defective Manufacture: When a product becomes faulty because of the manufacturing process.
- Defective Design: This occurs when the original design of the product had faults.
- Failure to Warn: This can include inadequate warnings about the product’s side effects to both doctors and/or patients, improper marketing for uses the product was not designed for, and failing to provide adequate instructions on how to use a particular drug or device.
How do I know if I have a case?
In order to file a lawsuit against a pharmaceutical company or manufacturer, you have to have suffered some type of injury or medical complication as a result of using the defective drug.
In order to successfully win your case, our national litigation team will prove that you were injured as a result of the defective chemotherapy drug, the medication was defective in some specific way, and that the manufacturer failed to warn of the potential for injury.
Why do I need a lawyer?
Lawsuits over defective drugs can be very complicated and require expert witnesses, dozens if not hundreds of hours of research, as well as keen insight into product liability and other areas of law. Without the guidance and legal protection of a quality lawyer, it can be nearly impossible for you to recover compensation for your medical bills and other damages.
It is also important to choose an experienced product liability attorney with a solid track record and one willing to take your case to trial. At Hotze Runkle, we have handled many drug and medical device liability lawsuits.
What are some of the side effects of these chemotherapy drugs?
Chemotherapy drugs affect patients in a myriad of ways causing side effects such as:
- Temporary hair loss
- Muscle or joint pain
- Severe headaches
- Vision changes
- Chest pain
And much more.
At Hotze Runkle, we are focused on helping those patients who have suffered from unexpected side effects that include excessive tearing (also known as epiphora), the blockage of tears ducts, or who have had to undergo surgery to allow tears to bypass the blocked duct and work correctly.
What chemotherapy drugs are causing these issues?
At Hotze Runkle, we have been closely monitoring chemotherapy drugs linked to excessive tearing and have noted one specific drug that appears to be the primary source of issues – Taxotere (docetaxel).
There are, however, a number of additional chemotherapy drugs that we are also keeping an eye on including:
- Xeloda (capecitabine)
- Adriamycin (doxorubicin)
Who is held liable in a product liability lawsuit (who would I sue)?
There may be multiple parties responsible for your product liability claim including those involved in the creation, marketing, or distribution of the product.
Your committed national litigation team at Hotze Runkle will help to uncover specifically who is responsible for your pain and suffering, and we will bring them to justice.
How much is my case worth?
Recovery results will vary from patient to patient and will depend on various factors including:
- The product that caused the injury
- The injuries you suffered as a result of taking the drug
- The amount of medical bills you owe and lost wages
- Any future medical bills and how the damages have affected your ability to work
Some of the types of compensation you may be eligible to receive include but are not limited to:
- Economic damages. This can include medical bills, lost income, and more.
- Non-economic damage. This refers to any physical, mental, or emotional damages suffered by the victim and caused by the responsible party (i.e. the pharmaceutical company). The jury defines the amount.
- Punitive damage. This type of compensation is only awarded if it is possible to prove malice, fraud, or gross negligence. This would be an additional economic punishment to the company or manufacturer due to their reckless behavior.
Trust in our dedicated team to fight for every penny that you deserve.
What do I need to provide my lawyer with?
In order to adequately develop your claim, you will need to provide your lawyer with a number of documents that relate to your case including:
- Medical bills
- Receipts for any prescribed medications including those that may have caused your injury
- Medical records (hospital stays, doctor visits, therapy treatment plan, x-rays, MRIs, etc.)
- Photo/video related to your injury
- Any documentation you recorded
- Any proof of lost wages including pay stubs and bank statements
Is there a time limit to filing a lawsuit?
There are certain time limitations (known as statute of limitations) that dictate how long you have to file a claim after you have been injured. The statute of limitations varies from state to state and is dependent on the type of lawsuit being filed.
In the state of Texas, individuals have two years to file a pharmaceutical lawsuit. Because it can be difficult for the average citizen to understand when exactly the starting point began, it is essential to seek out the guidance of a qualified lawyer.
Can I still file a claim even if the drug was approved by the FDA?
The Food and Drug Administration (FDA) is responsible for regulating and overseeing the development of prescription drugs, over-the-counter drugs, medical devices, and other medical products. While the organization attempts to protect the public to the best of its ability, at times drugs are sometimes approved because of falsified tests and results.
If it is found that the product or medication (chemotherapy drugs in this instance) causes unexpected and serious side effects, then users may have the ability to file a lawsuit.
How long will the lawsuit take to wrap up?
The truth is that pharmaceutical lawsuits can be complicated and thus require a substantial amount of time to resolve – some lawsuits can take years to conclude. However, some defendants may be willing to negotiate a settlement without going to court, which can reduce the time.
Talk with our product liability attorneys at Hotze Runkle to learn more about the specifics of your specific case and how long the process could take to complete.
Will I have to testify?
Some lawsuits are settled before the case ever goes to trial and in those instances, you will not have to testify. However, if the case does go to court, you will likely have to testify.