How the Discovery Process Affects Your Excessive Tearing Claim
The discovery process is an important process that enables a lawyer to gather the right evidence in order to strengthen the value of your personal injury claim. This is especially true in cases dealing with the side effects of defective drugs made by pharmaceutical companies that put profits over people.
Such was the case when the manufacturer of the chemotherapy drug Taxotere–known as Sanofi-Aventis–failed to inform cancer patients about its negative side effects like chemotherapy tearing for decades
If you or a loved one has developed excessive tearing after being treated with Taxotere, you may be eligible for compensation. The makers of Taxotere should be held responsible for the harm their drug caused, and the National Taxotere lawsuit attorneys of Hotze Runkle aim to do just that by presenting solid evidence during the discovery process in order to help your case succeed.
What Is the Discovery Process?
The discovery process takes place prior to the start of the trial, giving both parties the chance to assemble information on the case. Discovery is important because it gives your attorney a chance to evaluate which evidence and strategies may be utilized in your favor.
When you initially file a lawsuit, the relevant information is not always easily accessible. However, the more evidence you obtain, the more you can support the claim. The discovery process allows you and your lawyer to gather as much information as possible from the pharmaceutical manufacturer through a request of production, interrogatories, and other sources to solidify your claim.
How Do Lawyers Gather Discovery Materials?
Attorneys on either side of the courtroom may follow a number of approaches to secure necessary information, such as:
- Requests for Production (RFP) – RFPs are filed to acquire documents (e.g. electronic or paper files). RFPs need comprehensive details covering what documents a party wants to be made public by the opposing side.
- Requests for Admission (RFA) – An RFA is a written statement that is given to the opposing party to push them to either admit or negate some information. RFAs are generally not meant to establish a confession of guilt, but rather to push the opposing party to admit that certain facts are true or that a document is legitimate.
- Interrogatories – These are written questions that a party is obligated to respond to in writing and “under oath.”
- Depositions – These are oral, in-person interrogations. One side asks the other questions, and the other side has to give their answer. “Depos” are another part of the discovery process that is performed under oath.
What Information Can Be Found?
Throughout the discovery process, both sides will go after any vital information related to the claim in an effort to prove or disprove that Taxotere was the cause of your excessive tearing, even if it may not seem immediately relevant. The kind of information that a lawyer may request in discovery includes:
- Witness Testimony — What a witness saw, did, or heard that is pertinent to the situation.
- Witness History — A witness’s professional, educational, and personal background.
- Other Injured Parties — The identities of people who may have knowledge of the life-changing side effects caused by the drug.
- Specific Dialogue — Things that were mentioned at a specific time or place about the injury and product.
- Procedural Business Information — Information about the business’s operations process.
- Documentation — Documents relating to the claim, the injury, or the drug itself.
What Information Cannot Be Requested?
There are particular pieces of information that can’t be requested as a part of the discovery process. Limitations exist to prevent private information from being shared with the public, including:
- Confidential Conversations — Exchanges between attorneys and clients, doctors and patients, religious advisors and advisees, and spouses can be withheld.
- Personal Information — Details regarding health problems, sexuality, spirituality, religious beliefs, and immediate family relationships do not have to be disclosed.
- Third-Party Information — information that, if revealed, would go against the privacy rights of third parties cannot be compelled.
Discover your Legal Options with Dependable Taxotere Lawyers of Hotze Runkle Today
If you were harmed after being treated with the chemotherapy drug Taxotere, you may be eligible for compensation for your medical bills, pain and suffering, and other losses. You can count on our National Taxotere lawsuit attorneys to give you and your case the attention you need to seek justice from the manufacturers of the faulty drug, Taxotere.