Prescription drugs are meant to improve health, but they can also cause unexpected injuries or severe side effects. In such instances, legal action may become necessary. If you’ve suffered harm from a medication due to manufacturing defects, misleading marketing, or undisclosed risks, you may have grounds for a lawsuit. But whom should you file this case against, and what’s the process?
Determining if You Have a Case
Before filing a lawsuit, it’s important to determine whether your injury resulted from the drug itself or other external factors. Some side effects are very common across several medications. For instance, a WebMD article states that nausea and stomach issues are some side effects caused by almost every other prescribed drug.
However, the risks are not properly disclosed appropriately sometimes. Alternatively, the drug can be defectively designed or manufactured. These cases can have a valid claim, especially if a link has been established between the medication and the condition.
In most cases, plaintiffs must prove that the drug caused their injury. They also need to highlight that the manufacturer, distributor, or prescribing physician failed to warn them adequately.
Lawsuits related to prescription drug injuries often fall under product liability or mass tort litigation. If a large number of people have been affected, your case may be part of a multidistrict litigation (MDL) or class-action lawsuit. These cases usually have a statute of limitation under which you need to file the case within a few years.
What If My Doctor Warned Me About The Risks, But I Still Suffered Severe Side Effects?
Even if your doctor informed you of potential risks, you may still have a case. This is because the drug manufacturer has still failed to disclose all known dangers or misrepresented the safety of the medication. However, if both the manufacturer and the doctor warned you of the condition you are facing, you won’t have a lawsuit.
The Example of Suboxone Lawsuits
Suboxone (primary ingredient buprenorphine) is a widely popular prescription drug. According to the CDC, buprenorphine’s dispensing rate in the US was 4.7 per 100 people in 2023. This means that over 15 million prescriptions for this medicine were issued by doctors. West Virginia was the state with the highest dispensing rate at 25.9.
It is extremely effective at helping people struggling with opioid use disorders. However, it has also been linked with dental problems. Even the Food & Drug Administration (FDA) has warned users about the potential oral issues due to Suboxone.
Individuals who have experienced severe dental problems from this drug may wonder, can I still apply for a Suboxone lawsuit? In this case, since the link between the condition and Suboxone is already established, it becomes easier to file a lawsuit. As for the statute of limitations, many lawyers across the country are still accepting new cases.
According to TruLaw, you can connect with an experienced attorney to get your claim registered. The lawyer can perform an initial case review, file the claim, collect evidence, and also negotiate on your part. This will ensure that you have all the evidence to link your oral health problem with Suboxone and seek a fair settlement.
Choosing the Right Type of Lawsuit
Prescription drug lawsuits can take different legal paths depending on the circumstances. Individual lawsuits are common when someone experiences unique or severe side effects that differ from the general risks associated with the drug. On the other hand, if many people have suffered similar injuries, joining a mass tort or class-action lawsuit may be more effective.
Multidistrict litigation (MDL) is another option that consolidates similar cases to streamline the legal process while allowing each plaintiff to seek individual compensation. In large-scale pharmaceutical cases where thousands of patients have been affected by the same medicine, this approach is frequently employed.
There are many examples of ongoing MDL for prescription drugs, including that of:
- Tepezza (MDL 3079)
- Glucagon-like peptide-1 receptor agonists (MDL 3094)
- Suboxone (MDL 3092)
Your attorney will help you determine the type of lawsuit most appropriate for your situation.
Can I Switch From A Class-Action Lawsuit To An Individual Claim Later?
Yes, in some cases, you have the option to switch from a class-action lawsuit to an individual claim later. However, there are also chances that you will waive your right to pursue an individual case when joining a class-action lawsuit.
Therefore, it is important to consult with an attorney before entering any individual or class-action lawsuit.
Filing Your Lawsuit and Meeting Deadlines
After gathering evidence and choosing the right legal path, the formal process of filing your lawsuit begins. This involves drafting a legal complaint, which outlines:
- The details of your injury
- How the drug caused harm
- Reasons for holding the manufacturer or other parties accountable
The legal process then starts when the complaint is submitted to the relevant court.
It is important to be aware of the statute of limitations, which can vary from state to state. They specify how long you have from the time you learn of your damage to bring a case. You must take immediate action since failing to do so may bar you from seeking compensation. In cases where a drug injury becomes apparent long after use, some states allow exceptions through the “discovery rule.” This extends the filing period based on when the harm was first identified. However, it is best to seek legal help and file the claim as soon as possible.
Seeking Legal Representation
Given the complexity of pharmaceutical lawsuits, hiring an experienced attorney is highly recommended. A drug injury lawyer will help you through the legal system, negotiate settlements, and, if needed, represent you in court. You don’t pay until they win your case because the majority of legal firms handle these matters on a contingency basis.
The right legal team will evaluate your claim, connect you with medical experts, and work to secure the compensation you deserve. This will cover medical expenses, lost wages, pain and suffering, and other damages. Since drug manufacturers have powerful legal teams, having a strong advocate on your side is important.
Can I Represent Myself In A Prescription Drug Lawsuit?
Yes, you have the right to represent yourself in a prescription drug lawsuit. However, it is important that you have a team of experienced attorneys to back you. This is because pharmaceutical companies usually have strong legal teams.
It takes meticulous planning to file a case for prescription medication injuries, from obtaining evidence to selecting the best course of action. Knowing your rights and getting legal advice can greatly impact how your case turns out. Don’t hesitate to speak with a lawyer about your choices and start the process of pursuing justice if a prescription drug has injured you.