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How to Sue a Pharmaceutical Company

What is the difference between a drug and a poison? Sometimes, unfortunately, there is very little difference. If you have experienced an adverse reaction from a pharmaceutical, you may or may not have a legal claim for product liability. If you do, however, it could be worth quite a bit depending on how seriously you were injured. The problem might lie in your doctor’s choice to prescribe the drug to you in the first place. In that case you may have a medical malpractice claim against your healthcare provider. If the drug itself is the problem, however, you have a product liability claim against the pharmaceutical manufacturer. You can sue the pharmaceutical manufacturer directly under Alabama law, and you don’t even have to directly prove that the manufacturer was at fault. Building Your Case Suing pharmaceutical companies is no walk in the park. To sue a drug company, you need to provide evidence on all the elements of a defective drug claim. Elements of Your Claim You must prove the following legal elements to win a defective drug claim against a pharmaceutical manufacturer: You suffered some harm (injury and/or financial loss). Emotional harm is not enough to support a claim on its own, but if you have a claim for other damages, you can add emotional distress to your claim. The product is defective. That means the presence of either a manufacturing defect, a design defect, or a warning defect. The defect actually caused the harm that you suffered. You can be sure that the pharmaceutical company will try to prove otherwise. You were using the product as it was intended. If you took a drug for recreational reasons when you were not ill, for example, you will likely have no claim against the drug manufacturer.  You will be able to file a claim (without it being thrown out of court) as soon as you can assemble enough elements for a plausible claim based on each of the four elements listed above. Types of Defects Alabama law recognizes three types of product defects. Design Defects A design defect exists when the product is unreasonably dangerous even when manufactured and used according to specifications. A design defect can be difficult to prove when the FDA has already approved the drug. Manufacturing Defects  A manufacturing defect exists when the product is dangerous because it was not manufactured according to its design. For example, if the wrong drug or the wrong dose was packaged, this could be a manufacturing defect. Warning Defects A warning defect exists when the product documentation fails to warn of a significant danger. For example, if the drug can cause harmful effects to an unborn fetus, it needs a warning against pregnant women using it. Special Case: Vaccine Injuries If a vaccine caused your injury (an allergic reaction, for example), you have an alternative. Instead of suing the pharmaceutical company, you can file a claim under the National Vaccine Injury Compensation Program. If you win, the Department of Health and Human Services will pay your claim. We’ve Got Your Back If you live in Alabama and you believe that a defective pharmaceutical might have caused your injury, don’t hesitate to contact Fob James Law Firm, LLC. With over 40 years of experience in personal injury law, we have the respect of defense attorneys and insurance companies across the State of Alabama. We can help you identify the best strategy for your claim and fight for the compensation you deserve. Contact us online or call us at 205-635-4575 for a free case review.

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The 6 Most Dangerous and Defective Medical Devices

Millions of Americans depend on medical devices to make their lives better. You don’t expect that these devices could end up doing more harm than good in some cases. Prosthetics, pacemakers, and implants are just a few of the products at risk for being dangerous and defective. It’s essential to understand how defective medical devices get into the market. If a dangerous or defective product injured you or a loved one, it’s important to speak with a skilled product liability lawyer who can help. It can be terrifying to read through a defective medical devices list, as many dangerous products have reached the market at one point in time. Here’s a look at six of the most dangerous and defective medical devices to better understand the potential risks.  Transvaginal Mesh A transvaginal mesh is a surgical patch that is implanted on a woman’s vaginal wall. It was designed to correct pelvic organ prolapse (POP) and treat stress urinary incontinence (SUI). Unfortunately, many patients developed mesh erosion and organ perforation. Lawsuits are ongoing, including a recent settlement by Boston Scientific to pay $189 million related to marketing its surgical mesh devices. Medtronic MiniMed Insulin Pumps Medtronic’s MiniMed insulin pumps have been responsible for nearly 2,200 injuries and at least one death. While that might not seem like that many, Medtronic is the biggest insulin pump manufacturer and has been involved in at least 20 recalls and over 100 lawsuits in the last 13 years. An analysis shows that since 2008, insulin pumps and their related components have been responsible for the highest number of injuries, malfunctions, and deaths. The problem with the MiniMed insulin pump results from a dosing defect. A missing or broken retainer ring can cause under- or overdosing, causing a diabetic patient to experience hypoglycemia or hyperglycemia. Guidant Defibrillators Defibrillators are also known as pacemakers, which are used to treat heart disease in people who have a risk of life-threatening abnormal heart rhythms, known as heart arrhythmia. A pacemaker will deliver an electrical shock to the person’s heart to restore their normal heart rhythm. Several models of Guidant’s implantable pacemakers were recalled in 2005 due to various failures. These failures resulted in the pacemaker not delivering the electrical shock it needed to during an arrhythmia. There were additional recalls after this when Boston Scientific acquired Guidant. Hip Implants Hip implants have been the subject of numerous lawsuits and recalls. Metal implants have resulted in allergic reactions, infection, metal poisoning, bone loss, and nerve damage. Injured patients have filed lawsuits against several companies, including DePuy, a division of Johnson & Johnson. Another brand with numerous cases is Stryker, the subject of multiple complaints related to several different implants. Complaints often involve significant pain that requires the patient to undergo another surgery to fix. DaVinci Robot The DaVinci Robot is a surgical robot used to help surgeons get into hard-to-reach areas. Unfortunately, surgeon error and robot malfunctions have led to severe problems such as infections, pierced organs, and electrical burns. There’s also a risk of losing a piece of the instrument in a patient’s body, such as a needle. IVC Filters An IVC filter, or inferior vena cava filter, is a blood clot filter placed in the IVC to help prevent large blood clots from reaching the lungs and heart. The IVC is the largest vein in the body, and the filter is an alternative for those patients for whom blood thinners do not work or are not an option. The IVC filter is only temporary and not designed to be placed in the body permanently. Some of the risk complications include fracture, penetration, migration, and eventually blood vessel narrowing with a risk of leg swelling and blood clots. The risk of complications increases the longer it’s implanted. Who Is Responsible for Defective Medical Devices? While the U.S. Food and Drug Administration (FDA) closely monitors and regulates medical devices, some dangerous and defective products make it on the market. Products could be faulty from the start in their design, be defective during the manufacturing process, or be marketed deceptively. If you or someone you love was injured by any medical device or medication, it’s crucial to contact an experienced product liability lawyer right away. You could have a legal claim for your damages. At the Fob James Law Firm, we have recovered millions of dollars in damages for numerous personal injury cases, including those involving defective medical devices. To learn more about how we can help, contact our office today to schedule a consultation.

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Harbor Freight Jack Stand Litigation

Have You Been Injured by a Defective Harbor Freight Tools / Pittsburgh Automotive Jack Stand? The National Highway Traffic Safety Administration (“NHTSA”) released a consumer advisory warning related to Harbor Freight Tools’ recall of more than 1.7 million defective 3-ton and 6-ton heavy-duty steel jack stands. These so-called heavy-duty jack stands, which were sold under Harbor Freight Tools’ “Pittsburgh Automotive” brand, are unsafe to consumers as they are prone to collapse under normal loads. As a result, numerous injuries have been reported and consumers have been asked to immediately discontinue use. Harbor Freight Tools has a history of selling low quality and dangerous products, and its jack stands are no exception. Fob James Law Firm is currently handling a case where a Harbor Freight Tools’ tire spoon broke in half while the user was changing a tire causing serious injuries. A user on Reddit posted photos reflecting how shoddy the jack stands are—unbelievably, thin and narrow metal rivets are the only thing holding up the full weight of the vehicle. Due to Harbor Freight Tools’ negligence in manufacturing and selling these defective jack stands, numerous persons have been seriously injured from vehicles collapsing on them. Harbor Freight Tools’ recall is too little too late. Frankly, Harbor Freight Tools should have never sold these defective jack stands in the first place.  Fob James Law Firm is accepting cases involving defective Harbor Freight Tools’ products, including tire irons, tire spoons, jack stands, and other defective products. If you have been injured by a defective jack stand, contact a Birmingham defective product attorney at Fob James Law Firm. We are available to review your case at no charge to you. If we take your case, we do it on contingency which means we do not collect a fee unless we win your case.

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