My Medication Wasn’t Recalled—Can I Still File a Dangerous Drug Lawsuit?

A recall isn’t necessary to file a dangerous drug lawsuit. If you took a dangerous medication—and if you suffered harm as a result—you should talk to a dangerous drug lawyer about your legal rights. You may have grounds to file a lawsuit against the drug’s manufacturer; and, if you do, you can hire an experienced lawyer to represent you at no out-of-pocket cost.

If you suffered harm as a result of taking an FDA-approved medication, you are not alone. Dangerous drugs are alarmingly common, and many pharmaceutical companies have faced dangerous drug lawsuits in recent years. While some of these lawsuits involve recalled drugs, a recall is not required to take legal action.

With this in mind, it will be worth talking to a dangerous drug lawyer regardless of whether your medication has been recalled. It costs nothing to find out if you have a claim—and, if you have grounds to file a dangerous drug lawsuit, an experienced lawyer will be able to help you seek just compensation for your medical expenses, pain and suffering, and other financial and non-financial losses related to your diagnosis.

A Recall Isn’t Necessary for Patients to File a Dangerous Drug Lawsuit

A couple of important facts to know about drug recalls. First, while drug recalls and defective drug lawsuits often go hand in hand, recalls and lawsuits are completely separate. A recall is issued by a drug manufacturer in response to concerns about a drug’s safety. With rare exceptions, recalls are voluntary and do not necessarily indicate that a lawsuit is warranted.

Second, while a recall is not necessarily indicative that legal action is warranted, drug manufacturers often issue recalls in response to complaints from patients and healthcare providers (or concerns raised by the U.S. Food and Drug Administration (FDA)). As a result, patients often experience negative outcomes before a recall is issued. Waiting to issue a recall does not absolve drug manufacturers of legal responsibility—if anything, it increases their level of culpability.

Patients Who Have Concerns About Dangerous Drugs Should Seek Help Promptly

With all of this in mind, patients who have concerns about possible complications from dangerous drugs should seek help promptly. In this scenario, it is important to both:

1. Talk to Your Doctor (and Seek a Second Opinion if Necessary)

If you believe that you may have taken a dangerous drug, you should talk to your doctor promptly. You should tell your doctor that you have concerns about your medication, and you should explain why. If you are not satisfied with the medical advice you receive—or if you have concerns that your doctor may be trying to avoid liability for prescribing a dangerous drug—you should not hesitate to seek a second opinion.

2. Talk to a Dangerous Drug Lawyer

You should talk to a dangerous drug lawyer promptly as well. You will need to talk to a lawyer to find out if you have grounds to file a lawsuit against your medication’s manufacturer. If you have grounds to file a lawsuit, you will also need to work with your lawyer to determine how much you are entitled to recover, and you will need to rely on your lawyer’s advice and representation throughout the process of seeking the financial compensation you deserve.  

FAQs: Filing a Dangerous Drug Lawsuit Without a Recall from the Manufacturer

How do you prove that a drug is dangerous if it hasn’t been recalled?

Proving that a drug is dangerous is a multi-step process regardless of whether the drug has been recalled. When we represent clients in dangerous drug cases, we work with medical experts to analyze our clients’ medications and the risks they present. Once we file a lawsuit, we can also obtain internal records from the drug’s manufacturer. This “discovery” process plays a key role in dangerous drug litigation and often leads to settlement negotiations in many (but not all) cases.

How much can I expect to recover if I file a dangerous drug lawsuit?

If you have grounds to file a dangerous drug lawsuit, the amount that you are entitled to recover is unique to you. Once we determine that you have grounds to sue, we will then focus on calculating the financial compensation you are entitled to recover. In a typical case, this includes compensation for medical bills, lost earnings, pain and suffering, loss of companionship and consortium, loss of enjoyment of life, and other financial and non-financial losses.

How do I join an existing lawsuit if I took a dangerous drug?

If you took a dangerous drug that is already the subject of a mass tort lawsuit, our lawyers can determine whether you are eligible to join. If you are eligible, we will also assess whether joining the ongoing litigation is in your best interests (as opposed to filing an independent lawsuit), and then we will help you make an informed decision about how to proceed.

How Searcy Law Can Help

At Searcy Law, we have decades of experience representing clients in dangerous drug cases. If you have questions about your legal rights, our lawyers can:

• Determine if you have grounds to file (or join) a dangerous drug lawsuit
• Assess the value of your claim
• Help you make an informed decision about taking legal action
• Fight for just compensation on your behalf
• Help you make an informed decision about settlement if an offer is on the table

We provide all of these services at no out-of-pocket cost to our clients. Your initial consultation is completely free, and if you decide to take legal action, we will deduct any legal fees (if any) from any settlement or verdict we help you recover.

Schedule a Free Consultation with a Dangerous Drug Lawyer Today

Do you have questions about filing a lawsuit related to a dangerous medication? If so, contact us today. Call 800-780-8607 or tell us how we can reach you online to arrange a free initial consultation.