In the United States, there are watchdog groups who claim big Pharma is the largest defrauder of the Federal government.
It should come as no surprise to anyone that people become injured by medication and medical devices every day. Some of these harmful effects make it to the public, while others don’t. If you’ve got a drug or medical-related injury, you need to know how to sue a drug company.
Here’s what you need to know to get an attorney and take your case forward.
Can You Sue?
Yes, the law allows pharmaceutical companies to face litigation if a drug or device causes harm. That is the first step to being able to sue them. You have to be able to show that you have a real injury. To do that, you’ll need medical records, statements from doctors, and other evidence.
If you have or think you can get those records, you’ll need a personal injury lawyer. In cases like this, they are the ones who will help prove your need for compensation. Remember, companies have insurance that helps cover things like this, so you’ll have to deal with that too.
What if the FDA Approved?
According to the Supreme Court in the United States, you can still sue over an item that got approval by the FDA. A medical device or drug approval does not waive liability for the company. There are difficulties when it comes to a pharmaceutic al lawsuit.
Due to the distribution chains and previous rulings, these are not the easiest cases to prove. Often a problem can occur until enough patients are hurt for a mass tort lawsuit. These are cases where an entire group of victims is represented by a mass tort lawyer.
If you don’t want to wait, you don’t have to. You do need a lawyer who understands how to sue a pharmaceutical company, one with experience. It is not always easy to find such attorneys, so make sure you do thorough research on the subject.
What Makes It Hard?
One of the reasons it is difficult to sue is that drug companies are protected if they can show they made a reasonable attempt to warn about a side effect. If they can prove that, there’s no case. If they can’t, or if this was a completely unique injury, you have a chance at success.
There is no quick or easy way to answer how to sue a drug company. You may have seen recent lawsuits based around the insulin pump. High-profile cases against drug companies are a clear sign that you can sue them, and if you have a case, you can win compensation.
How to Sue a Drug Company
How to sue a drug company requires a good lawyer and a good case. There are more hurdles that you have to cross, but if you have been injured, you deserve compensation. Don’t let a drug company get away with causing harm and not being held accountable.
If you found this article interesting, check out our website for more information about large lawsuits.
Amanda Byers is a graduate of Columbia, where she played volleyball and annoyed a lot of professors. Now as Zobuz’s entertainment and Lifestyle Editor, she enjoys writing about delicious BBQ, outrageous style trends and all things Buzz worthy.