Litigation Against Pharmaceutical Companies: Holding Them Accountable

Pharmaceutical companies play a critical role in the healthcare system. They research, develop, and supply the drugs that patients need to manage and recover from all types of medical conditions—from antiviral medications that treat conditions like the flu to chemotherapy drugs used to treat various types of cancer.

But while the pharmaceutical companies can do a lot of good, they can also cause a lot of harm.

Far too often, pharmaceutical companies sell drugs that are not safe for their intended use. Sometimes they do so unknowingly, and sometimes they don’t. Regardless, when pharmaceutical companies sell dangerous drugs, they can—and should—be held fully accountable.

Holding Pharmaceutical Companies Accountable for Selling Dangerous and Defective Drugs

Holding pharmaceutical companies accountable for selling dangerous drugs involves taking them to court. Patients and families can—and routinely do—file lawsuits against pharmaceutical companies related to complications caused by both over-the-counter and prescription medications.

In many cases, these lawsuits lead to multidistrict litigation (MDL) against the pharmaceutical companies. There are currently several ongoing MDL cases targeting pharmaceutical companies, including MDL proceedings involving:

• Depo Provera
• Elmiron
• Fosamax
• Oxbryta
• Ozempic, Rybelsus, Wegovy, and other GLP-1 drugs
• Suboxone
• Taxotere
• Tepezza
• Valsartan
• Zantac

In MDL cases, patients’ and families’ lawsuits involving a dangerous or defective drug are consolidated into a single proceeding against the pharmaceutical company. This means that all of the patients and families involved in the MDL get to participate in the same discovery and pre-trial processes. This streamlines the process for the patients and families involved, and generally speaking, the more lawsuits that get filed, the more pressure the pharmaceutical company will face to settle.

However, not all dangerous and defective drugs are subject to ongoing MDL proceedings. To start the process, someone needs to come forward. If you or a loved one has been diagnosed with complications linked to any over-the-counter or prescription drug, it will be worth talking to a lawyer to find out if you can hold the pharmaceutical company accountable.

The Process of Filing a Lawsuit Against a Pharmaceutical Company

If you have grounds to file a lawsuit against a pharmaceutical company, you will need to hire an experienced lawyer to represent you. While you aren’t legally required to hire a lawyer to file a defective drug lawsuit, practically speaking, taking on the pharmaceutical companies (and their defense lawyers) requires experienced legal representation.

When you hire a lawyer to represent you, your lawyer will take steps, including:

Investigating Your Claim

The process of filing a lawsuit against a pharmaceutical company starts with conducting a thorough investigation. Your lawyer will need to know what evidence is available to prove both:

• That you (or your loved one) took a dangerous or defective drug; and,
• That the dangerous or defective drug caused you (or your loved one) harm.

This investigation can take time—and it is important to be patient. While you may be anxious to start the process, your lawyer needs to make sure you have a claim to pursue. The pharmaceutical company is going to fight your claim by all means available, so it is important to make sure that your claim is as strong as possible.

Calculating Your Losses

Along with investigating your claim, your lawyer will also begin the process of calculating your losses. This can also take time, and it is also extremely important. When filing a defective drug lawsuit, it is up to you to seek the full damages you deserve, and this means that you need to have a comprehensive understanding of the financial and non-financial losses you are entitled to recover. This includes not only the losses you have incurred to date, but also the losses that you are reasonably likely to incur in the future.

Filing Your Lawsuit

After gathering all of the necessary information, your lawyer will file your lawsuit on your behalf. Your lawyer will determine where to file your lawsuit (including whether to file your lawsuit in state or federal court); and, if you are eligible to join an existing MDL proceeding, your lawyer will help you decide whether to do so. Similar to other types of lawsuits, dangerous and defective drug lawsuits are subject to strict statutes of limitations; and, if necessary, your lawyer can file your lawsuit promptly to preserve your legal rights.

Going Through the Discovery and Pre-Trial Stages

After filing your lawsuit against the pharmaceutical company, your lawyer will guide your case through the discovery and pre-trial stages of the process. Both of these stages present both challenges and opportunities with regard to asserting your legal rights. While these stages largely involve legal work behind the scenes, your lawyer will keep you informed and seek your input as necessary.

Entering Into Settlement Negotiations

Many (but not all) dangerous and defective drug lawsuits will at some point involve settlement negotiations. If settling is a realistic option in your case, your lawyer will negotiate with the pharmaceutical company’s defense lawyers on your behalf. If a settlement offer is on the table, your lawyer will help you decide whether to accept the offer or keep fighting for more.

Going to Trial if Necessary

If you don’t receive an acceptable settlement offer, seeking the financial compensation you deserve will involve taking your case to trial. After both sides present their arguments and evidence in court, the judge or jury will render a verdict. If the verdict is in your favor, the judge or jury will also issue an award. If the verdict is not in your favor, your lawyer will help you make an informed decision about whether to pursue an appeal.

Do You Have a Claim Against a Pharmaceutical Company? Talk to a Defective Drug Lawyer at Searcy Denney for Free

At Searcy Denney, we provide no out-of-pocket cost legal representation for defective drug lawsuits against the pharmaceutical companies. If you have questions about filing a lawsuit, we strongly encourage you to get in touch. To speak with an experienced defective drug lawyer at our firm for free, give us a call at 800-780-8607 or tell us how we can contact you online today.