Injured by a Drug or Medical Device? Should You Consider Legal Action?

Planning for your future

The use of a dangerous drug or a defective medical device can leave a person with long-term, even life-changing injuries. A person who has suffered injuries from a drug or device may face a hospital stay, and even after discharge, the persistence of disabling symptoms.

Drug and device injuries may leave you significantly disabled, unable to work, unable to take care of your family, and unable to enjoy the life you enjoyed before your injury. After a drug or device injury your first concern must be getting the best medical and rehabilitative care, and the best possible resolution of your condition. During this process, as you or your loved one face the changes ahead; you will likely begin to think about how you will deal with the financial consequences.

If you or a loved one has been seriously injured, or if a loved one has died from the consequences of using a drug or device, you may be facing serious changes in your health, your lifestyle, your earning power, and your expectations for your and your children’s future.

An experienced pharmaceutical and medical device attorney knows what these injuries can mean to a person and their family, and can help them think through their needs.

Should you consider legal action?

A person who has suffered injuries as a result of using a dangerous drug or a defective medical device may have the right to compensation for damage to their health, their earning power, and the loss of well being. Compensation can include reimbursement for medical and hospital bills, rehabilitation costs, lost wages and earning power, pain, and other physical distress, and psychological suffering as a consequence of injuries and losses. If the changes in health and lifestyle caused by the injuries are extensive, a life planning consultant should be engaged to help calculate long-term medical and financial needs.

Many serious drug or device injuries are caused by the negligence or misconduct of a pharmaceutical or device corporation. Negligence is conduct which falls below the standard of care established by law for the protection of others against unreasonable risks of harm. Misconduct is improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts.

If your drug or device injury occurred as the result of negligence or misconduct, an attorney experienced in dealing with drug and device cases may be able to achieve a settlement that will recover your medical and rehabilitation costs, both current and future.

If you decide to pursue legal action, you should contact an attorney as soon as possible for review of your situation. There are deadlines called statutes of limitation, set by laws which regulate the filing of lawsuits which vary state by state. If you or a loved one has suffered a serious injury or a loved one has died from a dangerous drug or faulty medical device, you should not delay in contacting an attorney. If the statute of limitations expires, your right to pursue a claim may be forever barred.

The usual arrangement in hiring a lawyer in a dangerous drug or defective device case is a contingent fee agreement. The attorney agrees to be paid a fee only if the client's case is ultimately successful, either by settlement out of court or by a judgment following a court proceeding. The attorney then receives a percentage of the final amount recovered. This fee arrangement is helpful for most people with injuries from a drug or device because it does not require the person bringing the case to pay any money up front. Often the attorney may also be able to front the costs of litigation until the conclusion of the case.

If you or a loved one has suffered from a dangerous drug or defective medical device, you should immediately contact a plaintiff’s law firm that handles injuries. When you contact Casey Gerry, one of our experienced drug and device injury lawyers will discuss your case with you to help you determine the best way to proceed. Casey Gerry would be honored to be the firm you select.