For a free consultation and case evaluation, if you or a loved one has suffered harm from a dangerous prescription or over-the-counter (OTC) drug, get in touch with our California personal injury law firm. Call 800-562-4887 for a free case review. A California dangerous drug lawyer can seek financial compensation for your injuries.
Our trial attorneys have decades of experience going after manufacturers of dangerous and defective products, including pharmaceutical drugs and medications.
Pursuing Top Financial Compensation
A California dangerous medication attorney can assist you in proving your injury case and obtaining financial compensation from the at-fault party.
Although product liability claims can be intricate and costly, cases involving defective products with Bisnar Chase are handled on a contingency fee basis, preventing you from paying upfront.
- No fee if we don’t win
- Almost one billion recovered
- 99% success rate winning cases
Choosing a pharmaceutical liability lawyer who puts your interests first, puts you at ease, and has experience with product liability legislation is crucial. Selecting a lawyer with a solid track record of managing cases comparable to yours and who is willing to commit the necessary time to your case is also very important.
Life-changing, Unexpected Side Effects
Defective drugs and over-the-counter medications can cause life-changing side effects. Large pharmaceutical companies often rush new drugs into the marketplace. Some medications are sold despite a lack of proper testing or a comprehensive analysis of potential unexpected side effects.
Medical professionals regularly prescribe these prescriptions based solely on the data they’ve received from these pharma companies.
Knowledge of Adverse Reactions (Negligence)
In some cases, it has been discovered that drug companies knew of possible adverse reactions that they did not disclose to the public. As drug manufacturers rake in profits, consumers are left with serious medical conditions with which they may have to deal for the rest of their lives.
When drug companies manufacture and distribute dangerous products, it is important that they are held responsible for their wrongdoing.
Many drugs are allowed in the marketplace despite their known, inherent dangers. Some may even be defective drugs. Drugs and medications that have negative consequences that outweigh their effectiveness are often recalled.
A California pharmaceutical litigation attorney understands the process and has experience suing pharmaceutical companies for the harm they inflict.
California Defective Drug Lawyers
Choose a California Drug Injury Lawyer for Your Case
Bisnar Chase has spent decades going after negligent defendants who harm others. The pharmaceutical industry is no exception when it comes to releasing drugs and medications that harm the public.
You’ll need a seasoned California drug injury lawyer to face these behemoths; we’ve got the team to do it. We’ve gone after drugmakers, medical device manufacturers, and the automotive industry in the name of justice for plaintiffs.
Benefits of Hiring a Pharmaceutical Litigation Lawyer
- Legal expertise: Attorneys familiar with defective and dangerous product injuries have a much higher success rate, winning you more.
- Investigation: Attorneys utilize their network of professional investigators and experts to uncover winning strategies.
- Negotiation skills: Decades of experience negotiating with defense teams, insurance companies, and the pharmaceutical industry.
- Court and trial representation: If a fair settlement cannot be reached, your lawyer will represent you in court and trial if necessary.
- Peace of mind: Leave your case in capable hands while focusing on recovery.
Dangerous Drugs and Medications
All drugs and medications have the potential to cause harm or a severe allergic reaction, but certain popular medications are known for their adverse side effects and negative consequences.
Dangerous drug lawsuits are no secret in the US. In the United States, a dangerous or defective drug or medical device causes harm to people every day. Prescription drugs have many side effects and are required to be made apparent to a potential patient to avoid injury or death.
Recent dangerous drugs recalled include the following:
- Eyedrops Recall: What You Need to Know
- Users of Recalled Eye Drops Suffered Injury and Death
- Social Media Star and Attorney Lists Top 10 Beauty Products She Won’t Use Due to Safety Issues and Recalls
- Anti-Smoking Drug Chantix Recalled for High Levels of Carcinogens
- Jury Orders Johnson & Johnson to Pay $8 Billion to Man Who Said Antipsychotic Drug Caused Him to Grow Breasts
- FDA Warns Consumers About Breast Cancer Drugs That Could Cause Severe Lung Inflammation
Each injury brought on by a risky or defective drug is unique. People are injured in various ways, so we investigate each claim individually. There is no one drug we do or do not take until we can investigate the injuries and damages caused by the drug.
Each injury claim gets personal attention from a defective products attorney, and we have the financial backing to investigate tough cases. You should seek an injury attorney with a history of winning dangerous pharmaceutical cases.
Dangerous Medical Devices
In a related field, we also handle cases involving defective medical devices and faulty implants, such as hip replacements and medical mesh problems. We are here to help injured victims of various medical issues caused by dangerous and defective medical devices and pharmaceuticals.
Some of the cases covered here include serious dangers from medical devices. Some of those include the following:
- Mavidon Recalls All Medical Products After Baby Contracts Bacterial Infection
- Bisnar Chase Files Class-Action Lawsuit Over Defective Medical Alert Device
- J&J and Ethicon to Settle $117 Million Transvaginal Mesh Lawsuit
- Oregon’s Attorney General Sues Johnson & Johnson for Deceptive Marketing of Vaginal Mesh Devices
- FDA Says 124 Deaths Linked to Recalled Sleep Aid Devices
- Boston Scientific to Pay $188.7 Million to Settle Claims That it Deceptively Marketed Vaginal Mesh Devices
- C.R. Bard to Pay $60 Million for Deceptive Marketing with Vaginal Mesh Devices
Do You Have a Defective Drug Injury Case?
If you’ve experienced more medical problems from any drugs or medication, you may be able to seek support through pharmaceutical litigation. There are a number of factors that will determine whether or not you have a case:
- Were you using the drug as prescribed? Failing to follow the directions listed can hurt your chances of to recover compensation.
- Were you taking the medication for the right reasons? Taking a drug for purposes not approved by the Food and Drug Administration (FDA) limits your legal options.
- Did you experience an adverse reaction that was not noted on the packaging? This is why it is important to ask your doctor about the possible side effects of drugs and to read warning labels before taking a new drug.
- Have you suffered financial or physical losses because you took the drug? Have you required medical attention or missed work because of your reaction to the drug? These are the types of losses that can be covered through litigation.
- Did the drug company knowingly fail to notify consumers and doctors of the possible side effects? That is a form of negligence that can make them liable for their product.
Most Common Lawsuits Pharmaceutical Companies face
- Defective Drugs are when a medication is discovered to have unanticipated or harmful side effects that were not communicated to the general public or the medical community.
- Failure to Warn actions is when a pharmaceutical corporation neglects to give sufficient notice of the possible dangers and adverse effects of a medication.
- Off-Label Marketing are when a pharmaceutical corporation advertises a product for usage not authorized by the FDA.
- Manufacturing Defects apply when it is discovered that a drug was not made correctly, endangering the patient.
- Negligence Lawsuits are brought against pharmaceutical companies when it is discovered that their carelessness in developing, promoting, or testing a drug harmed the end user.
How Much Can I Win in a Faulty Drug Lawsuit?
There is no set amount for potential damages in pharmaceutical drug injury cases in California. We’ve handled small class action lawsuits where each plaintiff received a small monetary payment to 8-figure mass tort settlements. Some key factors that impact the potential value of a case and damages award include:
The severity of the injury or harm caused: More severe and dangerous drug injuries and health impacts generally warrant higher damages awards, and your overall well being is considered in calculating damages.
The nature of the harm: Awards tend to be higher for permanent injuries, disabilities, disfigurement, loss of limbs, organs, or vital bodily functions than temporary symptoms or pain and suffering.
Lost income and medical costs: Documented past and future lost wages, diminished earning capacity, and past and ongoing medical expenses related to the drug injury can make up a significant part of a damages award.
Company awareness and behavior: If there is evidence the pharmaceutical company knew of safety risks or failed to adequately test for and warn about side effects, higher punitive damages are more likely.
Plaintiff characteristics: Factors like age, health, and family responsibilities before the injury impact determine overall damages.
Multi-million-dollar awards have occurred in some California pharmaceutical injury cases with severe, debilitating injuries, high medical costs, and lost wages.
If you’ve lost a family member due to a wrongful death caused by defective drugs, an experienced pharmaceutical litigation law firm can best assess a specific case’s prospects and potential value.
How Much Do Dangerous Drug Lawyers Charge?
Personal injury attorneys in California can charge between 33%-42% of the compensation they recover. At Bisnar Chase, we charge 33–1/3% of the amount collected, and our attorney fees come directly from the settlement.
You will never pay us directly, nor will you pay anything upfront. If we do not win your case, you will not pay. Contact a California dangerous drug attorney today. Call 1-800-561-4887 for a free consultation.
The Importance of Pharmaceutical Litigation
It is necessary to expose drug companies when they knowingly put consumers in danger. Furthermore, pharmaceutical litigation is often the only way for injured victims to receive the justice and financial support they need for ongoing health problems.
Unsafe medications, whether they’re prescription or over-the-counter drugs, can cause severe medical conditions such as heart attacks, strokes, liver damage, bone density issues, and even death.
A successful California dangerous drugs lawsuit against a pharma company can result in financial compensation for all of the resulting medical bills and other related damages suffered by personal injury victims and their families.
Hold Big Pharma Accountable
Justice for health problems or a wrongful death sends an important message to Big Pharma. Many of these drug companies have political ties and much power, making the plaintiff feel like they’re up against Goliath. We hold wrongdoers accountable.
Successful mass tort litigation against irresponsible drug manufacturers forces them to pay large verdicts and settlements, serving as an incentive to improve drug safety oversight and provide adequate warnings in the future. It makes risky cost-cutting less attractive to these corporate giants.
These dangerous drug lawsuits also bring about change, often increased protection for consumers, and strengthened guidelines and rules relating to these for-profit businesses harming others.
High-profile lawsuits regarding dangerous drugs frequently prompt new legislation, regulatory action by bodies like the FDA, and the review of approval and testing guidelines to better protect consumers from hazardous medicines in the future.
Deters Future Misconduct
Pharmaceutical injury cases can deter similar negligence and fraudulent activity industry-wide by highlighting unethical behavior like withholding safety data from regulators and doctors. The threat of litigation encourages responsible corporate policies and decision-making.
It is also important to note that Bisnar Chase handles some medical malpractice cases. This may involve a doctor prescribing something harmful to the patient or a pharmacist providing the wrong medication that results in injury.
Significant Lawsuits in the US for Dangerous Drugs
- Purdue Pharma and Sacklers: reached a $270 million settlement.
- Johnson & Johnson: Settled lawsuits for illegal marketing of prescription drugs, including Risperdal, Invega, and others, for $2.2 billion.
Vioxx (Rofecoxib): Merck & Co. faced lawsuits after its painkiller Vioxx was linked to an increased risk of heart attacks and strokes. The company settled for $4.85 billion in 2007.
Fen-Phen: This combination of weight loss drugs was recalled in 1997 after being linked to heart valve damage. Lawsuits against American Home Products (now Wyeth) resulted in billions of dollars in settlements.
Bextra and Celebrex: Pfizer faced lawsuits over its COX-2 inhibitor painkillers, which were linked to cardiovascular risks. The company settled for $894 million in 2008.
Avandia (Rosiglitazone): GlaxoSmithKline’s diabetes drug was linked to an increased risk of heart attacks. The company settled lawsuits for over $3 billion.
Actos (Pioglitazone): Takeda Pharmaceutical and Eli Lilly faced lawsuits after their diabetes drug was linked to bladder cancer. In 2014, a jury in Allen v. Takeda Pharmaceuticals North America awarded $9 billion in punitive and compensatory damages to the plaintiff, which included $6 billion from Takeda and $3 billion from Eli Lily.
Yaz/Yasmin: As of late 2023, Bayer has paid over $850 million to settle thousands of these lawsuits, but has not admitted liability. Experts estimate that Bayer will need to pay an additional $2.6 billion to settle pending cases.
Pradaxa (Dabigatran): Boehringer Ingelheim faced lawsuits after its blood thinner was linked to severe bleeding risks. The company settled for $650 million in 2014.
Receiving Financial Support For Your Injuries
There are legal rights available for victims of dangerous drugs. If you are experiencing unforeseen side effects, please contact your doctor right away.
It may be advisable to preserve the remaining prescription drugs and to keep records of the losses you have suffered since becoming ill. Check the U.S. Food and Drug Administration (FDA) website to see if the drug you were given has been the subject of a recall or warning.
What damages can I get in a defective drug case?
If a pharmaceutical drug injures you, some of the main damages you may be able to recover through a lawsuit include economic and non-economic damages.
Medical expenses: This includes past and future costs of hospital or doctor bills, therapy, prescription medications, assistive devices, and in-home nursing care related to treating the injury.
Lost income: If you are unable to work due to the injury, you can claim lost wages. Future lost earning capacity can also be claimed if there is a permanent disability.
Pain and suffering: Recover compensation for the physical and emotional impact of the injury and recovery process.
Loss of enjoyment of life: Damages relating to the impact on participation in everyday activities or quality of lifestyle.
Loss of consortium: Claims by a spouse for the impact of the drug injuries on loss of intimacy, companionship, and future earnings.
Additionally, punitive damages may be awarded if gross negligence or malice is proven.
The experienced California pharmaceutical litigation lawyers at Bisnar Chase have represented those who have been seriously injured as the result of defective drugs.
We have what it takes to fight against large corporations and help injured victims and their families secure fair and full compensation for their significant losses. Please contact us at 800-561-4887 for a free consultation and comprehensive case evaluation.
Pharmaceutical Drug Recall Statistics
The latest pharmaceutical recalls in the US can be found on the FDA’s Drug Recalls page. The FDA page provides information on companies actions to remove defective drug products from the market or warn patients and consumers about potential risks.
Additionally, the FDA’s Recalls, Market Withdrawals, and Safety Alerts page gathers information from press releases and public notices about certain recalls of FDA-regulated products. Visiting these official sources for the most accurate and up-to-date information is advisable for specific details on recent recalls that may affect you.
- In 2022, over 1,740 drug and biologic recalls were reported to the FDA as of November, surpassing the 2021 total of 1,562. This continues an upward trend in recalls over the past several years.
- The most common reasons cited for recalls in 2022 were microbial contamination, labeling issues, CGMP deviations, and subpotent ingredients. Together, these accounted for over half of all recalls.
- Over 390 million units of drugs and biologics were recalled in 2022 through November. This includes over 100 million units recalled due to possible microbial contamination.
- Drug quality issues originating in manufacturing plants have been an increasing issue. In 2022 so far, more than 190 manufacturing plants in the U.S. and overseas have been associated with recalls, up from prior years.
- Human prescription drugs (over 800 recalls) and OTC/non-prescription drugs (over 450 recalls) are the therapeutic categories with the most recalls to date in 2022. Other categories with significant numbers include dietary supplements and medical devices.
- 2022 has seen many major, urgent recalls requiring public warning, including recalled blood pressure medications containing potentially cancer-causing nitrosamines and recalled infant formulas and products due to bacterial contamination.
Filing a Dangerous Drug Lawsuit in California
Many personal injury cases involving harmful and faulty drugs have been filed in the US. Nonetheless, there have been many legal actions over dangerous and flawed medications, and in certain situations, tens of thousands of sufferers have received compensation.
These legal actions may be intricate, involving numerous personal injury victims and various hazardous pharmacological side effects leading to serious injury.
States have different statutes of limitations when it comes to defective medication cases. In California, the statute of limitations is two years, so time is of the essence when seeking a pharmaceutical lawyer to help you recover financial compensation and hold Big Pharma responsible.
Victims of these drug ailments often have to pay hefty medical bills and suffer lifelong injuries that affect their quality of life. Negligence can play a part in a successful pharmaceutical litigation lawsuit, and it’s essential to have an attorney specializing in defective and dangerous drug effects, damages, and compensation.
Personal injury cases involving design flaws can contribute to litigation surrounding hazardous medications and medical equipment.
Specific Product Liability Laws for California
California has some specific product liability laws that can affect cases involving pharmaceutical drug injuries:
Strict Liability: Pharmaceutical companies can be held liable even if they exercised reasonable care in designing and manufacturing a drug.
Failure to Warn: Companies are responsible for adequately warning consumers and healthcare providers about any known significant risks associated with a drug. Failure to do so, resulting in injury, can lead to liability under California laws.
Consumer Expectations Test: Juries may apply the “consumer expectations” test to determine if a drug has adequate safety warnings. The drug maker could be financially liable for resulting harm if it violates what a reasonable consumer would expect.
Punitive Damages: If a plaintiff can demonstrate “malice, oppression, or fraud” by a drug company, punitive damages may be awarded under California Civil Code §3294. This serves to punish and deter misconduct. Also referred to as exemplary damages, the article states the following: 3294. (a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.
Statute of Limitations: Patients have two years from the date of injury to file product liability lawsuits related to pharmaceutical drugs under California law. There are some exceptions.
If you think a dangerous or defective drug has harmed you, contact one of our California drug side effects attorneys for a free case evaluation. There is no fee if we don’t win your case. Call 800-561-4887 for a free consultation.
Fatal Injuries Caused by Dangerous Drugs
The potentially harmful and deadly side effects of commonly prescribed medications include hallucinations, memory loss, priapism, blood clots, and death.
Other long-term severe side effects include certain dangerous medications associated with the development of diabetes, liver damage, and heart conditions.
Prescription painkiller overdoses are a growing problem, with about 18 women dying every day from prescription painkiller overdoses in the US.
Additionally, new prescription drugs have a 1 in 5 chance of causing serious reactions after they have been approved, and about 128,000 people die from drugs prescribed to them each year.
If you need specific information about dangerous drug injuries and deaths caused by pharmaceutical side effects, it’s important to consult a reliable, California drug injury lawyer in California.
Some of the most prolific and dangerous side effects caused by pharmaceuticals
- Bladder cancer
- Pancreatic cancer
- Birth defects
- Stroke
- Internal bleeding
- Memory loss
- Seizures
- Brain damage
- Heart disease
- Neurologic damage
- Eyesight injuries
- Serious skin conditions
- Emotional and mental issues
- Tardive dyskinesia
Examples of Defective Drugs That Caused Serious Injuries
- Thalidomide: Sold to expectant mothers as a treatment for sleeplessness and morning sickness, this medication caused thousands of infants to be born with severe birth abnormalities, including deformities of the limbs.
- Accutane: When taken during pregnancy, this acne medicine has been linked to serious birth malformations, including abnormalities of the heart, brain, and face.
- Truvada: When used in conjunction with HIV treatment or pre-exposure prophylaxis (PrEP), this medicine has been associated with significant adverse effects, such as kidney and bone problems.
- Zofran: When taken during pregnancy, this medication, which is used to treat nausea and vomiting, has been linked to a higher risk of birth abnormalities.
- Actos: There has been a connection between this type 2 diabetes medicine and a higher risk of bladder cancer.
- Medications containing testosterone: These substances have been linked to a higher risk of blood clots, heart attacks, and strokes.
Award-Winning California Defective Drug Lawyers
Let us review your injury case and see if we can help you. Many factors go into defective product cases, and an experienced dangerous drug lawyer can identify areas of liability to help you seek compensation for your injuries. There is no fee if we don’t win. We have a 99% success rate and have recovered almost one billion dollars.
Our award-winning trial attorneys have received numerous awards and honors for their success in winning personal injury cases. Managing partner Brian Chase has built a multi-talented team of legal experts skilled in many unique practice areas.
- 2024 Litigation Lawyers of the Year
- Top 1% in the Nation
- 2024 Best Law Firm in America
- Top 10 Best Lawyers
- 2024 National Trial Lawyers of the Year
Call 1-800-561-4887 for a free consultation and to speak with our legal team.