What Should You Do When Negatively Affected by Unsafe Drugs and Products?
Tittle & Perlmuter have extensive experience with personal injury cases in Ohio. This also includes various product liability cases. When unsafe drugs or products injure you or a family member, we can help. Sometimes manufacturers value product profits over safety. This is a disservice to their consumers, and we have to hold them accountable. Producing dangerous products and drugs is unacceptable. So when it happens, it is important to take action. Our Cleveland product liability lawyers can help.
Consumers purchasing drugs, devices, or products expect that they can trust them to be safe. These products come from trusted sources like pharmaceutical companies and medical professionals. These are people we feel we can trust. However, that isn’t always the case.
Are you or a loved one facing serious injuries as a result of an unsafe drug or product? You may have a product liability claim against the drug manufacturer, product manufacturer, or others.
The Cleveland product liability lawyers at Tittle & Perlmuter are actively involved in litigation on many drug and medical device claims. We have successfully represented numerous injured people throughout the State of Ohio. Recently, cases have involved transvaginal mesh and Avandia. We are currently investigating the following unsafe drugs and products:
- Metal Hips, such as the Stryker Rejuvenate, AGB II, Accolade v40 hips
- IVC Filters
- Hernia Mesh
- Transvaginal Mesh
- Talcum Powder
Our defective device and dangerous drug lawyers can help if you or a loved one is facing injuries from unsafe products. It is a good idea to contact a product liability lawyer as soon as possible after an injury. However, we understand you may have questions before reaching out. For that reason we have compiled information below that our clients often ask us about. Take a look:
What is a Product Liability Lawsuit?
Products liability refers to the liability of any party along the chain of manufacturing or distribution of any product, including a prescription drug, that causes damage. Generally, product liability claims fall into any one of the following categories:
- the manufacturer of the product or maker of the drug fails to provide adequate warnings or instructions concerning the proper use of the product;
- the manufacturer negligently made the product itself; or
- the product’s design is defective.
Consumers often think that just because the FDA approves a drug or product that it is safe. This is not always the case. A 2011 study found that the FDA approved 71 percent of Class III devices through the fast track process. Class III devices are those that the FDA believes have a chance of causing serious outcomes or death. This type of Premarket Approval is the 510(k) provision. It allows products that are similar to ones already on the market to bypass clinical trials or manufacturing inspections. In other words, these devices are sometimes sold without sufficient review. As a result, consumers do not have the opportunity to weigh the risks of using a medical device against the benefits they’ve heard about from manufacturers, doctors or hospitals. A medical device designed to improve your health could end up damaging it instead.
Injuries Related to Dangerous or Defective Drugs
The story is the same with prescription drugs. The FDA often relies on manufacturer’s information to approve drugs and warning labels. Like medical devices, the FDA has two options to approve new drugs rapidly. They include the Accelerated Approval and Fast Track methods. So through these methods, approval time is relatively short. The FDA even explains, “Because it’s not possible to predict all of a drug’s effects during clinical trials, monitoring safety issues after drugs get on the market is critical.” Unfortunately, unsafe and dangerous drugs sometimes make it through and injure or kill the public.
Dangerous or defective drugs and medical devices can cause physical, psychological, and emotional injuries. Sometimes they even cause death. These drugs and products may also present various side effects. If a manufacturer knew or should have known about the harmful side effects of a drug that they did not communicate to the FDA or to medical professions, there may be a liability.
What is “MDL” Litigation?
Multidistrict litigation, or MDL litigation, refers to a special federal legal procedure designed to speed the process of handling complex cases. This would include complicated product liability lawsuits.
The biggest question about MDLs, however, is whether it is the same as a class action – it is not. In an MDL claim, each individual claim is a standalone case, which is not the case in a class action suit. In fact, if an MDL case does not settle with the cases consolidated, the individual lawsuit is often transferred back to the home venue to be fully litigated.
There are many types of cases that are considered candidates for MDL litigation, but usually, product liability cases are considered because a large number of plaintiffs are usually similarly harmed by a particular product with numerous victims.
Dangerous Drug Attorneys in Cleveland
The Cleveland personal injury attorneys at Tittle & Perlmuter have the experience needed to litigate complex personal injury, products liability, mass torts, and medical malpractice claims. If you or someone you love has been harmed by an unsafe drug or medical product, please contact our experienced Cleveland injury attorneys for a free consultation regarding your legal rights.