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Litigation Against Pharmaceutical Companies

Your Pharmaceutical Litigation Attorneys

Pictured: Brenda Fulmer & Cal Warriner, Shareholders leading our firm’s Mass Tort division.

Pharmaceutical Lawyer Advocating for Injured Victims

The pharmaceutical industry never stops booming. With countless television commercials revealing new drugs and medical device manufacturers developing new products each year, it should come as no surprise that Big Pharma is a lucrative business. Despite making billions annually, pharmaceutical companies continue to rush products to the market.

In doing so, many pharmaceutical drugs and medical devices are not adequately tested, revealing dangers and defects that pose a serious and unreasonable risk of harm to patients. When choosing to take a prescription medication, patients rely on their doctors’ assurances that the drug is safe for its intended use.

Patients seeking to undergo medical procedures also rely on their surgeons’ assurances that any implantable medical devices to be used in the procedure are safe for their intended use. Although the United States Food and Drug Administration (FDA) regulates the pharmaceutical drug and medical device industry, pharmaceutical companies must take responsibility when their products cause harm to patients.

Each pharmaceutical lawyer and drug injury attorney at Searcy Denney has extensive experience and is well prepared to fight some of the largest pharmaceutical manufacturers in the world. From Bayer to Johnson & Johnson to Pfizer, the legal team of Searcy Denney has the manpower, know-how, and reputation to fight for every client’s rights.

What is a Mass Tort?

In the context of pharmaceutical drugs and medical devices, mass torts involve thousands of plaintiffs alleging they have been injured by the same drugs and medical devices. While class actions are similar, they are not the same as mass torts.

Unlike class actions, where ONE lawsuit involves a large group of plaintiffs, a mass tort is one large litigation that involves thousands of individually filed lawsuits. Because of the large number of legal claims concerning the same drug or medical device, mass tort litigations are typically consolidated in one court for administrative purposes.

The Importance of Strong Legal Counsel for Injured Plaintiffs

Whether in the pharmaceutical industry or not, large corporations spend millions of dollars hiring aggressive defense counsel who will fight tooth and nail to ensure injured plaintiffs do not receive the compensation they deserve for suffering personal injuries.

Pharmaceutical drug and medical device manufacturers often hire the largest defense firms in the country, which provide a significant team of lawyers and support staff that work round-the-clock. Because Big Pharma has tremendous resources to fight legal claims, injured plaintiffs must also have a solid legal team to advocate on their behalf.

Our Drug Injury Attorney Explains the Mass Tort Case Process 

Once an injured person contacts a law firm to discuss potential legal options concerning a pharmaceutical drug or medical device, which is the subject of a mass tort litigation, the law firm or lawyer will take the following steps when evaluating the injured person’s potential legal claim:

  • Identify the nature of the injury
  • Identify the name and manufacturer of the product (drug or medical device) that caused the individual’s injuries
  • Identify the date the injury was sustained or when the injured person became aware that a drug or medical device has caused his/her injuries
  • Ensure the statute of limitations period has not expired (i.e., the deadline to file a lawsuit per state law has not passed)
  • Obtain all necessary medical records to document injuries
  • File the lawsuit in state or federal court or seek to settle the claim out of court 
  • Litigate the case with the goal of going to trial and obtaining a winning verdict or reaching a favorable settlement before trial

Given that mass tort litigation involves so many injured plaintiffs, the entire process from the time an injured person contacts a pharmaceutical lawyer or drug injury attorney to the time the injured person receives compensation (if the case is successful) can take a long time. Injured plaintiffs should be prepared to wait well over one or two years, but the long wait is worth it to truly hold Big Pharma accountable.

Pharmaceutical Drugs and Medical Devices Involve Product Liability Law

Mass tort litigations involving dangerous and/or defective drugs and medical devices involve allegations of product liability along with some negligence claims. The following claims are the most common product liability claims alleged by injured plaintiffs:

  • Design Defects – the nature of the product itself is defective and inherently dangerous based on poor or unsafe design;
  • Manufacturing Defect – the drug or medical device sustained a defect at the manufacturing level, such as contamination or human error that renders a drug or medical device unsafe; and
  • Failure to Warn – when pharmaceutical drug and medical device manufacturers fail to warn of known dangers or defects.

A Pharmaceutical Lawyer Can Maximize Damages

In addition to having ample resources to fight Big Pharma, the right pharmaceutical attorneys and drug injury lawyers will know what steps to take to “maximize” a plaintiff’s damages. This means that a pharmaceutical lawyer will review a plaintiff’s medical records with a fine-tooth comb to ensure no injury or complaint is overlooked.

Moreover, a qualified pharmaceutical lawyer will hire the best experts to exploit the defendant(s)’s weaknesses and counter the arguments made by defense experts. Such attorneys must be willing to go to trial, using the discovery (fact-gathering) phase of litigation (depositions and exchange of documents) to uncover the true extent of a plaintiff’s injuries and damages.

Along with physical and mental injuries, damages include a plaintiff’s medical bills, lost wages, other identifiable economic damages, and punitive damages, which are awarded at trial to “punish” unruly defendants for their bad conduct. Unfortunately, bad conduct is often the root cause of defective and dangerous pharmaceutical drugs and medical devices injuring thousands of patients.

Contact a Pharmaceutical Lawyer at Searcy Denney Right Away

If you or a loved one has sustained pharmaceutical drug or medical device injuries at the hands of Big Pharma, you have very little time to act to discuss your legal rights with a pharmaceutical lawyer or drug injury attorney.

At Searcy Denney, our nationally recognized pharmaceutical lawyers are standing by to evaluate your injuries and provide you with the advice you need. Contact our office today by calling (800) 780-8607 or completing a case inquiry form on our website to receive a free case evaluation.

Hear What Our Clients Have To Say

"Every question that I had was answered in mere minutes and the follow through that the staff, secretaries and attorneys had was superior. I have dealt with many, many firms that have all disappointed me and Searcy Denney was by far the most thorough - I highly recommend them!"
Posted By: Susan Baker