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.