Pharmaceutical Liability Lawyers Serving Missouri & Illinois
Drug recalls occur all the time because drug companies release products that are found to be too dangerous for public use. When this happens, drug companies recall the medication to stop people from being injured.
Unfortunately, drug recalls do not solve all the problems caused by unsafe medications. Thousands of individuals suffer through unneeded losses from the effects of dangerous drugs that must be recalled.
Also, drug recalls often occur months after the drug is released to the public. This means that there are numerous chances for a drug to cause devastating side effects, even death, to any of the people taking it.
At Brown & Brown Attorneys at Law, we are dedicated to helping victims of dangerous drugs through mass torts and individual lawsuits, ensuring they receive the compensation they deserve.
When Are Drugs Recalled?
Drugs are usually recalled in response to numerous reports of serious injury or medical problems caused by the drug. Some of the serious health problems drug recalls aim to correct include:
- Heart Attack
- Stroke
- Cardiovascular Problems
- Birth Defects
- Death
- Psychological Problems
- Kidney Failure
- Stevens-Johnson Syndrome
Although a drug recall is something that absolutely must be done for dangerous drugs, it does not correct all the problems the drug causes. Pharmaceutical companies must be held responsible for the problems they have caused.
How Long Does a Pharmaceutical Lawsuit Take?
Defective product lawsuits can take one to two years to get to trial and several months to settle or come to a verdict after that. For mass tort actions, this period can be even longer with some cases lasting decades. However, by and large, settlement within two years of filing a claim is a reasonable expectation for these cases.
What Type of Medications Can Be Recalled?
Any type of medication can be recalled. Pills, injections, ointments, and more can all be found to be dangerous due to contamination, poor manufacturing practices, and similar issues. The same can be said of drug safety and efficacy issues, which can impact any type of medication, even those that have been trusted and used for years.
The FDA maintains a running list of recalled pharmaceuticals that you can use to determine if any medications you are currently taking have been recalled due to safety concerns. It is a good idea to check this list occasionally if you are taking several medications.
The Three Types of Drug Recalls
Although the FDA and USDA have differing definitions when it comes to product recalls, you can easily separate each type by thinking of them in the following way:
- Class I recalls are the most dangerous types of product recalls. When it comes to drugs, this means the recalled drug may cause injury or death if taken.
- Class II recalls are for drugs that have the potential to cause serious injury or illness.
- Class III drug recalls are still unsuitable for use but are less dangerous than Class I and Class II type drugs. While these may not cause injury or illness, their makeup may still violate several FDA or USDA regulations.
What to Do if Your Prescription Drug Has a Recall
If your prescription medications have been recalled, stop taking them immediately. We recommend contacting your primary doctor or pharmacist to ask for an alternative medicine to take before your next dose.
Once your new prescription is taken care of, we recommend reading the information available surrounding the drug recall. To find out more, most manufacturers typically have a hotline number to call. If you are interested in eventually filing a drug recall lawsuit, finding out as much information as possible from the beginning will be overall beneficial.
Which Parties Are Responsible if I File A Lawsuit for A Drug Recall?
If you or someone you know has suffered a serious injury or illness due to taking recalled drugs, you have several options for filing compensation claims.
Primarily, you can file against the manufacturer and the pharmaceutical company responsible for the drug. These entities are typically held accountable for releasing and distributing unsafe medication.
In some cases, you may also have grounds to file a claim against the doctor who prescribed the medication. This is especially true if the doctor knowingly gave you permission to take the drug after the recall was issued.
By pursuing these claims, you can seek the compensation you deserve for the harm caused by the recalled drug.
Why Choose Brown & Brown Attorneys at Law?
At Brown & Brown Attorneys at Law, our mission is to make a positive impact in the lives of clients coping with personal injuries or facing criminal charges. Founded by brothers Dan and Ed Brown, our firm has over 30 years of experience helping clients in St. Louis, Missouri, and nearby Illinois. Rest assured, we’ll always treat you as an individual with unique circumstances and goals, never just a case number.
Our goal is to help you receive the medical care you need and pursue the fullest compensation for your injuries. We offer free consultations and operate on a contingency fee basis, meaning you owe no attorney fees unless we achieve a successful outcome. Our tenacious approach ensures that we support you through every step of your recovery, relentlessly pursuing the compensation you need to get back on track.
Frequently Asked Questions
How Long After My Settlement Will I Get a Check for My Damages?
You can expect to be paid within six weeks following a verdict or settlement in your favor. This period may be shorter or longer depending on the number of plaintiffs involved in the lawsuit.
If the verdict in your case is appealed, you will need to wait until the final verdict to receive payment for your damages. This process can add two or more years to your claim and may result in a different outcome.
How Is a Drug Recall Lawsuit Settlement Paid Out?
In most cases, drug injury lawsuit payments come from insurance policies held by the negligent company. However, some companies may also be penalized and required to set up accounts to pay these claims.
Can I Sue Even if the FDA Approved a Drug?
You can sue a drug company even if its medication has been approved—even if it is still being actively sold.
The FDA approval process may not be as stringent as you believe. Every year, the FDA approves several medications and medical devices that end up being dangerous and get recalled.
Many pharmaceutical companies seek expedited approval processes for their medications. These allow companies to bypass certain safety studies when a medication is “similar” to one already on the market. This can and often does prove dangerous for patients. More tragic still, many medications remain available to the public long after they are known to cause harm.
Is There a Time Limit for Filing a Drug Recall Lawsuit?
In Missouri and Illinois, you have two years from the date of discovery to file your defective medication claim. The date of discovery is the day you were diagnosed with complications related to the medication you have been taking.
While you have two years to file, it is best to take action as soon as you realize you have been injured. Waiting to file can make proving damages more difficult and may result in your losing your case.
What Is the Difference Between a Class Action and a Mass Tort Lawsuit?
A class action lawsuit combines all plaintiffs into a single lawsuit, whereas a mass tort lawsuit handles each plaintiff's case individually within the same proceeding. Mass torts allow for more personalized settlements based on individual damages.
Can I File a Lawsuit if I Didn't Experience Severe Side Effects but Was Still Affected by a Recalled Drug?
Yes, you can still file a lawsuit if you were affected by a recalled drug but did not experience severe side effects. You may be entitled to compensation for potential risks and any medical monitoring you needed as a result of taking the drug.
What Are My Options if a Recalled Drug Caused the Death of a Loved One?
If a recalled drug caused the death of a loved one, you might be able to file a wrongful death lawsuit against the manufacturer. This type of lawsuit seeks compensation for funeral expenses, loss of companionship, and other related damages.
Seek Justice for Dangerous Drug Injuries
If you or a loved one suffered serious injury because of a dangerous drug, Brown & Brown, LLP can help. Our firm's experienced mass tort attorneys have experience holding drug companies responsible for unsafe pharmaceuticals.
Discuss your case for free by calling us in St. Louis at the 3s: 314-333-3333 / 573-333-3333. If you are in Illinois, you can reach us at the 8s: 618-888-8888.