What are medical products liability claims?
The products you buy at the pharmacy are intended to benefit your health. On occasion, however, the very items intended to make you feel better may, in fact, cause you serious harm. Prescription drugs may have undisclosed risks, or they may be manufactured improperly. Similarly, over-the-counter medications and dietary supplements may be harmful rather than beneficial to your health.
Claims involving these types of products present complex medical and legal issues. Knowledgeable counsel who are experienced in evaluating and analyzing these claims are essential for you to obtain full recovery.
Like drugs and dietary supplements, medical devices that are implanted in your body can sometimes negatively affect your health rather than improve it. In some cases, devices have been found to fail prematurely, to be contaminated, or to create danger when left permanently in the body.
Because drugs, dietary supplements, and medical devices are all subject to some level of overview by the United States Food and Drug Administration, specific legal and regulatory issues can affect your potential lawsuit. These issues must be considered when evaluating your injury claim against the product manufacturer.
What procedures are used to handle cases involving medical products?
If you are injured from a medication, supplement, or medical device sold nationwide and have a viable claim, you will likely find yourself one of many consumers who allege a similar type of harm. Such nationwide cases are frequently referred to as mass torts.
Like class action lawsuits, mass torts are consolidated in one court. Consolidation benefits injured consumers because it permits them to join together and pool their resources rather than going it alone against a major drug company. But consolidation also presents challenges, such as possibly requiring you to litigate in a far off location or requiring you to coordinate with other claimants and counsel who may have legal issues distinct from your own.
If you find yourself involved in a pharmaceutical mass tort case, it is critical that you are represented by lawyers who are experienced in complex litigation and understand how to best protect you and your interests.
We are currently pursuing new cases for the following:
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Why Burg Simpson?
Burg Simpson has been recognized as the nation’s leading law firm for representing individuals in products liability cases. Several of the most successful prescription drug and dietary supplement cases in the United States have been led by Burg Simpson attorneys who have been appointed by the Court to spearhead cases on behalf of injured consumers nationwide.
Burg Simpson’s founding shareholder, Michael Burg and Burg Simpson’s managing shareholder of the Cincinnati office, Janet Abaray, have served in leadership roles in many national pharmaceutical cases.
- Mr. Burg and Ms. Abaray acted as national Co-Lead Counsel for cases involving the Ortho-Evra birth control patch.
- Mr. Burg served as national Lead Counsel for the Yasmin/Yaz birth control pill litigation, while Ms. Abaray served as Chair of the Science Committee.
- Ms. Abaray was also appointed in Ohio as a member of the Executive Committee for the Heparin blood thinner litigation, and as national Liaison Counsel in New York for cases involving Ephedra.
- Ms. Abaray was recently appointed as Co-Lead Counsel for cases consolidated in Illinois involving Depakote, an anti-epilepsy drug.
Burg Simpson attorneys have also held national leadership positions in cases involving medical devices, such as hip implants. Shareholders Seth Katz, Peter Burg, and Meghan Quinlivan have all been appointed to national leadership positions in major drug and medical device cases.
You should also be aware that not all medical product cases result in a consolidated proceeding. Burg Simpson represents many consumers harmed by defective drugs, dietary supplements, and medical products in cases filed individually across the country.
What steps do I take?
As with any potential claim, you must be aware that there are time limits for filing a lawsuit. If you believe you have been injured by a defective drug, dietary supplement, or medical device, you should not delay in speaking to an attorney. Be aware that state laws differ on when cases must be filed, careful analysis must be done as to the law that applies to your case.
Burg Simpson represents consumers nationwide in pharmaceutical tort cases. We would be happy to speak with you to evaluate your potential claim.