Unsafe Prescription and Over-the-Counter Medications
Unfortunately, injuries caused by unsafe drugs and defective medical devices are very common. Product liability mass tort cases typically involve defective prescription drugs, over-the-counter medications, and medical devices. And because these types of cases can involve numerous plaintiffs from around the country, they are often handled on the regional and national level.
Mass tort lawsuits differ from class-action lawsuits in several ways. In cases involving unsafe drugs, a lawsuit involving multiple plaintiffs must account for the fact that each plaintiff has his or her own unique medical conditions and/or injuries. Mass tort lawsuits allow for such particulars, while class-action lawsuits must be "certified" that there are "questions of fact or law that are common to the class… and that the claims or defenses of the representative parties are typical of the claims and defenses of the class," under Rule 23 of the Rules of Federal Procedure. As a result, mass tort attorneys use what is known as Multi-District Litigation consolidation or "MDL" - multi-district litigation. An experienced personal injury and medical malpractice attorney should understand when it is appropriate to pursue not only a medical malpractice case but possibly a joint multi-district mass tort case as well.
Given the fact that defective drugs and devices sold to the public have the potential to injure dozens or even thousands of people at a time, it is common for those victims to join together in filing lawsuits against liable manufacturing companies. In 1968, Congress approved a law allowing the transfer of civil cases pending in different federal district courts to a single district for consolidated or coordinated proceedings. Treating such product liability, pharmaceutical, and medical device claims as a DML case often tends to be the most effective approach, versus dealing with class-action and mass tort lawsuits. Not only does consolidating proceedings help to streamline the process of sorting through thousands of documents, but it solves the problem of expert witnesses having to testify hundreds of times in different courtrooms. Ultimately, multi-district litigation is often the most efficient and economical approach for injury victims and their attorneys to take. I have extensive experience in handling DML cases, and always use the opportunity to advocate on behalf of my clients and their rights
* Actos – bladder cancer
* Granuflo – heart problems, stroke, and death
* Lipitor – diabetes in females
* Talcum powder – ovarian cancer
* Propecia – erectile dysfunction (ED)
* Low testosterone ("Lo-T") replacement medications – heart attack, stroke, and death
* Risperdal – male breast enlargement (gynecomastia)
* SSRI anti-depressants (selective serotonin re-uptake inhibitors) – suicide, conversion to manic episodes, and birth defects
* Accutane – liver damage and birth defects. Recently, it has been shown to cause psychiatric distress, depression, and suicidal thoughts
* Cipro and other fluoroquinolone drugs such asLevaquin – increase the risk of tendonitis and tendon rupture, especially in the Achilles tendon. They can also cause Stevens-Johnson Syndrome, which is a serious and potentially fatal skin rash.
* Plavix – increases the risk of gastrointestinal and cerebral hemorrhaging. It also leads to Thrombotic Thrombocytopenic Purpura, causing neurologic and kidney failure.
* Reglan (Metroclopramide) – can cause Tardive Dyskinesia disorder, a disfiguring neurological disorder with repetitive involuntary movements of areas around the eyes, such as twitching, thrusting of the tongue, or rapid arm and leg movements.
* Xarelto – may cause uncontrollable bleeding in some patients. Blood clots, internal bleeding, strokes or gastrointestinal side effects have been reported since this drug was approved in 2011. The active ingredient is Rivaroxaban. It is one of the newest blood thinners on the market, is manufactured by Bayer, and is marketed in the U.S. by Johnson & Johnson subsidiary, Janssen Pharmaceuticals. This drug can cause uncontrollable bleeding and has no known antidote. Patients have been suing under a failure to warn theory.
* Zofran given during pregnancy – birth defects.
* Zometa – osteonecrosis of the jaw, femur fractures, esophageal cancer and atrial fibrillation.
It is sad to say that there are many other defective prescription and over-the-counter medications that can cause serious and even fatal injuries to users. If you think that you or a loved one may have been injured as a result of taking an unsafe drug, call my office today. The Law Offices of William C. Bibb have represented numerous defective drug cases, and have achieved damages for clients' disability, medical care, wage loss, pain and suffering, and wrongful death. Also remember that your legal right to pursue a claim in your defective drug case is subject to statute of limitation guidelines.