Defective Drugs / Drug Recall Lawsuits - Frequently Asked Questions (FAQ)
If you or a loved one had been harmed by a defective pharmaceutical, it is important to speak with an attorney about your legal entitlements. Below are some of the most frequently asked questions about defective drug lawsuits.
How do I know if a drug I am taking is defective?
A simple search on the internet or through recent news articles will reveal a list of medications that are the subject of current or pending defective drug and drug recall lawsuits; or, you may find a list of medications that are on the “red flag” list, meaning there have been some complaints about the drug. You may in fact be taking one of these drugs, and may be feeling some of the same negative side effects or adverse events that other people have felt.
Talk to your doctor about any concerns if you think your current medication is a defective drug. Your doctor may be able to monitor your vital and biochemical signs for any sudden changes, and the doctor will know whether those changes are related to the drug. Although it is just a matter of fact that some drugs will cause you to feel ill, you should not hesitate to let your doctor or someone else know if you are feeling especially ill or unwell.
I think my drug is defective. Should I stop taking it?
You should first consult with your doctor or treating physician since they are most familiar with any potential risks that may accompany stopping your medication. Seek a physician since they will have the most knowledge about the drug and drug interactions. Only after consulting a physician should you consider contacting a lawyer about filing a defective drug lawsuit.
What will a defective drug lawyer ask from me?
After you tell your lawyer your background history with the defective drug and your complaints, your lawyer will probably ask you for your medical records or reports. The lawyer may ask for proof of your medical condition, additional medical test results, or your pharmacy prescriptions or receipts to prove you purchased the defective drug. Depending on the defective drug in question, you may also need to file a claim or letter to receive a settlement.
How much will a lawyer cost?
Product liability lawyers need to earn a living, too. However, if costs are a concern, you should ask upfront. Sometimes, you pay nothing for a consultation; or, the lawyer will work on a contingency fee basis, which means they will take a certain percentage of your settlement should you win your case (or you pay nothing if you lose the case).