How Can Patients Sue for Harm Caused By Drugs and Medical Devices?

Suing for harm caused by a dangerous drug or medical device often involves pursuing mass tort litigation. In mass tort litigation, multiple patients—potentially hundreds or thousands—pursue similar claims for just compensation. While there are no guarantees, most successful mass tort cases involving dangerous drugs and medical devices settle before trial.

If you have been harmed by a dangerous drug or medical device, you are not alone. Unfortunately, this situation is far more common than it should be. Despite the protections that are in place, dangerous drugs and medical devices routinely find their way into hospitals and pharmacies—and, as a result, many patients find themselves needing to speak with an experienced mass tort lawyer about their legal rights.

What Are My Legal Rights if I Took a Dangerous Drug or Received a Dangerous Medical Device?

If you took a dangerous drug or received a dangerous medical device, you have the right to hold the manufacturer accountable for your losses. This includes not only your medical bills, but also your other out-of-pocket expenses, lost earnings, pain and suffering, and loss of enjoyment of life. Dangerous drugs and medical devices can have significant impacts on all aspects of patients’ lives, and the law entitles patients to seek compensation for all of these impacts when warranted.

How Do I Assert My Legal Rights Against the Manufacturer?

In many instances, asserting your legal rights against a dangerous drug or medical device manufacturer will involve joining an ongoing mass tort case. There are dozens of these cases pending at any point time, and numerous pharmaceutical companies and medical device manufacturers are currently facing lawsuits across the country.

Generally, joining a mass tort case is simpler than filing a lawsuit of your own. If you are eligible, an experienced mass tort lawyer will be able to help you join a pending case and seek just compensation on your behalf. While there are no guarantees, most successful mass tort cases settle; and, if you are eligible to join a case that is close to settling, your lawsuit could be over relatively quickly.

If you are the first patient to come forward, you may be able to initiate a nationwide mass tort case as well. Regardless of the circumstances at hand, our lawyers can assess your legal options and help you make informed decisions about your next steps.

What Should I Do if I Think I May Have a Case?

If you have been diagnosed with complications from a dangerous drug or medical device and are interested in seeking just compensation, it is up to you to take action. With this in mind, if you think you may have a case, you should:

1. Prioritize Your Care

First and foremost, you should prioritize your medical needs. If you need to take a different drug or undergo revision surgery to receive a different implant, your doctor should be able to provide an appropriate recommendation.

2. Collect Your Records

Filing a claim related to a dangerous drug or medical device requires several forms of documentation. For now, you should do your best to collect your medical records (including your medical bills) and employment records showing any time you have missed from work.

3. Talk to a Lawyer

To find out if you have a claim, you will need to consult with a lawyer who has experience representing patients in your situation. An experienced mass tort lawyer will be able to assess your legal rights and determine if you are eligible to join an existing case.

FAQs: Patient Lawsuits Against Drug and Medical Device Manufacturers

What is a mass tort case involving a dangerous drug or medical device?

A mass tort case involving a dangerous drug or medical device is a legal proceeding in which multiple patients are pursuing similar claims for just compensation. Mass tort cases can either be class actions or multi-district litigation (MDL) proceedings. While individual claims in class actions are usually relatively small, plaintiffs in MDL proceedings can seek compensation for their medical bills, lost earnings, pain and suffering, and other losses.

How can I find out if I am eligible to join an ongoing mass tort case?

Ongoing mass tort cases all have specific criteria for new plaintiffs to join. If you have been harmed by a dangerous drug or medical device that is the subject of an ongoing class action or MDL proceeding, an experienced mass tort lawyer will be able to determine if you meet the criteria to seek compensation.

Do I need a lawyer to join an ongoing mass tort case?

Due to the complexity of mass tort litigation, all patients who have claims should seek experienced legal representation. Not only will an experienced mass tort lawyer be able to accurately assess your eligibility, but an experienced lawyer will also be able to take the necessary steps to assert your legal rights and seek the full compensation you deserve. While patients are not required to hire a lawyer to represent them, it is well worth putting an experienced lawyer on your side.

How a Mass Tort Lawyer at Searcy Law Can Help

If you have been harmed by a dangerous drug or medical device, our law firm can take appropriate legal action on your behalf. We handle individual lawsuits and mass tort litigation against pharmaceutical companies and medical device manufacturers, and we have a proven record of success in these cases.

Regardless of what it takes to assert your legal rights, we will handle your case at no out-of-pocket cost to you. You will only pay if we win—and, if we win, your legal fees will be deducted from your settlement or verdict.

Contact Us for a Free, No-Obligation Consultation Today

Do you have a case related to a dangerous drug or medical device? Contact us to find out for free. To discuss your legal rights with an experienced mass tort lawyer at Searcy Law, call us at 800-780-8607 or tell us how we can reach you online today.