Pharmaceutical Litigation FAQ
About Drug Recalls, Side Effects and More
The subject of pharmaceutical litigation can be somewhat complex, particularly when it comes to determining whether you have grounds for a lawsuit. At Napoli Bern Ripka Shkolnik, LLP our goal is to provide people across the U.S. with the information and legal guidance they need to seek justice for the injuries they have experienced from dangerous or defective drugs and medical devices. You can find answers to your common questions about this topic below. We also will be happy to answer your questions directly if you contact our office and schedule a free, confidential consultation.
What is meant by "pharmaceutical litigation"?
Pharmaceutical litigation may describe lawsuits filed against pharmaceutical companies or other at-fault parties related to prescription drugs, over-the-counter medication, medical devices and related products. If these products cause one or more patients to suffer injury or lose their lives, the manufacturer or possibly the doctor that prescribed the drug or used the device may be held accountable. Every case is different, so it is important to discuss your particular concerns with an attorney.
If a drug was approved by the FDA, does that mean I can't file suit?
The Food and Drug Administration (FDA) has the difficult task of regulating and supervising prescription drugs, over-the-counter drugs, medical devices and a number of other products in order to protect and promote public health. Though the FDA does its best to regulate pharmaceutical companies and protect the public, drugs are sometimes approved based off fraudulent test results or that are later found to cause serious side effects that were not originally evident. As such, your case may still have merit regardless of whether the drug is currently approved by the FDA.
What is a class action suit?
When a group of people are injured by a certain drug or type of drug or medical device, they may be able to file a class action lawsuit against the manufacturer. This enables them to sue the responsible party as a group. Class action lawsuits serve to limit court traffic and may also offer the plaintiffs (those injured by the drug) a better opportunity at a positive result by acting as a whole.
What are some of the types of drug injury cases your firm handles?
Napoli Bern Ripka Shkolnik, LLP represents people injured by a wide variety of prescription and over-the-counter drugs, including Accutane,
Zoloft and more. No matter the type of drug that caused your side effects, we may be able to help you.
If I was taking a drug for an "off-label" use, will I still have a case?
Some drugs are prescribed or recommended by physicians for "off-label" uses, or uses that are not included in the FDA-approved label. Physicians may prescribe or recommend drugs for off-label use, but pharmaceutical companies may not market drugs for off-label use. You may have a claim against your doctor or the pharmaceutical company, depending on how the drug was marketed and the other facts of your case.
Who can be held legally responsible for the injuries I experienced?
The answer to this question will vary depending on a number of factors. We may consider whether your doctor was correct in prescribing the drug, whether the drug itself was defective, whether the pharmaceutical company fraudulently marketed the drug and even whether the pharmacist provided you with accurate instructions and information about the drug. Because there are various parties that may be liable, our attorneys carefully investigate all aspects of each client's case before moving forward.
How much financial compensation am I entitled to?
Every case is different, but you may be entitled to financial compensation for medical expenses, lost earnings, pain, suffering, future medical care and loss of future earnings. A pharmaceutical litigation lawyer at Napoli Bern Ripka Shkolnik, LLP can provide more detailed information about the value of your claim.
If I lost a loved one to a dangerous prescription drug, can I take legal action on their behalf?
You may be able to file a wrongful death lawsuit against the pharmaceutical company or other party responsible for the loss of your loved one.