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Chicago Defective Drugs &
Medical Device Attorneys
When you take a medication, you’re assuming that the pharmaceutical companies that have manufactured it created a safe product. Unfortunately, that’s not always the case. Defective drugs cause serious injuries and even fatalities that could have been avoided.
After suffering losses because of bad drugs, how can you receive compensation? One of the options you have is to begin a personal injury claim against the manufacturers or distributors. Because you’ll be going up against pharmaceutical companies, their lawyers, and their insurers, you need legal counsel by your side.
At Hart McLaughlin & Eldridge, our team of Chicago defective drug attorneys can fight for the compensation you need. Learn more about the intricacies of product liability claims and how we can help.
Defining a Defective Medication
A defective drug is a pharmaceutical product that contains a flaw. There are three main types of defects, including those that occur during the designing, manufacturing, or labeling process.
Design defects are flaws that are present from the moment the medication is formulated. This type of issue can make the drug dangerous simply because of how it was designed. Examples of this would be medications that contain ingredients that cause cancer.
Manufacturing defects are flaws that occur during the production of the medication. The design itself may be safe, but an error occurred while the drug was being produced that made it dangerous. Improperly dosed medications and contaminated ingredients are examples of these issues.
Labeling defects occur on labels that don’t offer all of the information consumers need to know regarding safety, side effects, and interactions. An example of a labeling defect could be a lack of warning of the dangers that opioid medications could pose.
Liability in Defective Medication Cases
In premises liability and all other personal injury claims, you have to show that negligence occurred to receive compensation. Is that also necessary in cases involving defective drugs? Product liability claims are a bit different.
To be able to file a claim, you have to demonstrate that the drug didn’t work as intended and that it caused you harm. You don’t always have to show that the defect was the result of negligence. That’s because all product liability claims may be covered by strict liability laws.
Strict liability in these circumstances means that the manufacturer may abe responsible for the consequences of the product, no matter what their intent was and whether negligence was a factor or not. This makes it easier for consumers to hold the manufacturers liable for the harm their products cause.
How Our Defective Drug Attorneys in Chicago Can Help
Hiring a defective drug lawyer is vital if you’re beginning a claim against pharmaceutical companies. Our team starts the process by assessing the case and helping you understand what to expect.
We’ll investigate everything related to the injuries you sustained and gather evidence that proves the drug didn’t work as it should have. To accomplish this, we rely on expert witnesses, including medical professionals, pharmacologists, toxicologists, and chemists, who can offer opinion testimony on what defects were present in the medication and how they impacted you.
Pharmaceutical companies are always geared up to quash defective drug lawsuits. They have big teams of lawyers prepared to minimize claims, so pursuing legal action against them without the right representation is never a good idea. Our defective drug attorneys know how to aggressively negotiate and fight for your rights.
If a settlement isn’t possible because there are disputes regarding your injuries or the drug’s effect on you, we have the option of taking the case to court. Since we’re experienced litigators, we prepare each case thoroughly so that we can take it to trial, if necessary.
Additionally, we understand the statute of limitations that apply to these cases and the various exceptions that could be relevant to your claim. Illinois gives you two years from when you suffered your injuries to begin a claim, but that’s not always feasible when dealing with bad drugs. Often, the injuries appear after years of taking the medication.
The discovery rule may allow the statute of limitations to start running from the moment you discovered the injury. There may be other exceptions, too, of which our team of Chicago bad drug lawyers can make you aware.
Defective Medical Devices
Cases involving defective medical devices are often more complex than other defective product cases, so much so that they’re in their own category.
One major difference that sets defective medical device cases apart is the question of potential liability. If a patient files a lawsuit for medical device defects, one or more of the following parties could be liable:
- The implanting physician or healthcare provider
- The sales representative for the device
- The designer of the device
- The manufacturer of the device
In cases involving medical devices, defective product attorneys must also examine the device’s premarket clearance. Depending on the particular type of device, the United States Food and Drug Administration (FDA) requires one of two clearance processes:
- 510(k) Premarket Clearance: For devices similar to those already on the market
- Premarket Approval (PMA): For novel medical devices
Depending on the device in question, these cases can sometimes evolve into mass torts or class action lawsuits.
If you’re facing the prospect of a lawsuit over a defective medical device, contact Hart McLaughlin & Eldridge. These cases are highly individualized, and our skilled team is prepared to craft a unique strategy for you.
FAQ
What Is My Defective Medication Claim Worth?
Each claim is unique, so providing an accurate number is difficult. What you should consider is that the cases that are worth the most are those that involve serious injuries that impact how you live and lower your overall quality of life.
The strength of the evidence available is also a factor. The clearer the link between the drug and your injuries, the more significant the settlement can be.
How Long Will My Claim Take?
Claims that involve medications can last anywhere from months to years before reaching a settlement. The amount of evidence available will impact this. If the case has to go to court, however, the process can be much longer. Court cases have various stages, and they can drag on. That’s why our team strives for settlements.
What Will It Cost to Hire a Defective Drug Injury Lawyer in Chicago?
Our defective drug lawyers work on contingency. You don’t have to pay any upfront fees or expenses. Instead, we receive a percentage of your winnings. The exact amount will depend on the complexity of the case and whether we had to take it to court or were able to settle it through negotiations. If we don’t get you a recovery, we don’t get paid.
Our Defective Drug & Medical Device Attorneys
Begin Your Case With Support From Our Knowledgeable Chicago Defective Drug Attorneys
If the medications you took caused you harm, it’s possible to receive compensation by filing a claim against the manufacturer, distributor, or other responsible parties. The team of lawyers at Hart McLaughlin & Eldridge provides assistance both locally in Chicago and nationwide to those who have suffered losses. Contact our team to schedule a free consultation.