F.A.Q.’s
Pharmaceutical Litigation
What is pharmaceutical litigation?
Doesn’t the FDA regulate drugs?
Is there a time limit in which I have to bring a claim against a drug company?
How much will it cost me to sue a drug company?
If I decide to file a claim, does it automatically mean my case will go to court?
If a drug company wants to stay out of court, why do I need a lawyer?
How can I avoid being a victim of pharmaceutical error or negligence?
1. What is pharmaceutical litigation?
Prescription and over-the-counter drugs are important medications, saving lives and improving the health of many people. However, sometimes these drugs can be harmful; whether from dangerous side effects or pharmacy error, causing illness, injury and even loss of life. Pharmaceutical litigation is the law practice that deals with lawsuits involving medication.
2. Doesn’t the FDA regulate drugs?
Yes, the FDA does regulate medication – but there are occasions when certain drugs may be rushed through the approval process, leaving insufficient time to properly study all potential side effects. Or, there may be a significant time lapse in between the consumption of the drug and side effects, so that the harmful impact is not discovered until after the drug has been approved.
3. My doctor prescribed a drug for me but when the pharmacy filled the prescription, they gave me the wrong medication and I suffered serious side effects – do I have a case?
You may have grounds for filing a claim – pharmaceutical litigation is not limited to cases of error or negligence on the part of the manufacturer; errors at the pharmacy often cause injury and illness. Contact a Gordon & Doner attorney at 1-800-659-1159 so that we can assess your case.
4. I became ill after taking an over-the-counter medication and have permanent injuries – can I sue even though it wasn’t a prescription drug?
Errors in testing and manufacturing can occur in over-the-counter medications just as they can for those available by prescription. An experienced pharmaceutical litigation attorney can evaluate your situation and determine if legal action can be taken. Contact Gordon & Doner at 1-800-659-1159 today for further information specific to your case.
5. Is there a time limit in which I have to bring a claim against a drug company?
Yes, there is a statute of limitations for pharmaceutical lawsuits, so if you feel you might have a claim, you should consult with an attorney right away. Contact Gordon & Doner at 1-800-659-1159 and we can review your case and advise you accordingly.
6. How much will it cost me to sue a drug company?
Pharmaceutical lawsuits can be complex, so often the hours and resulting costs can be significant. However, the attorneys at Gordon & Doner do not charge you unless we recover financial damages for you. So if you think you might have a case, please call us at 1-800-659-1159 and we can give you a better estimate of the time involved after reviewing your case.
7. If I decide to file a claim, does it automatically mean my case will go to court?
Not necessarily – often drug manufacturers and other defendants involved in a pharmaceutical lawsuit will attempt to settle out of court, once they understand the seriousness of your intent to pursue legal action. We will work to obtain the best possible settlement for you – whether that means negotiating inside or out of the courtroom.
8. If a drug company wants to stay out of court, why do I need a lawyer?
Just because a drug manufacturer wants to stay out of the courtroom does not mean they will negotiate fairly with a consumer. Remember – they are protecting their interests, not yours, so their goal is to minimize any damages paid to you. An attorney who is experienced in pharmaceutical litigation understands the legal responsibilities of the drug companies – and how to protect the rights of the client, not the company. Contact a Gordon & Doner attorney at 1-800-659-1159 and we can assess your case.
9. How can I avoid being a victim of pharmaceutical error or negligence?
Always inform your doctor of any known allergies or side effects to medications you have previously received. When you pick up a prescription, check first to make sure it is the correct medication you were prescribed. Read any accompanying literature that describes side effects – and if you aren’t given information regarding side effects, ask the pharmacist to provide that to you.
10. I became seriously ill after taking a medication – but when I checked the drug manufacturer’s web site, my symptoms weren’t listed as possible side effects. Could I still have a case?
Just because the drug manufacturer isn’t confirming your symptoms as side effects does not mean your illness isn’t related to the drug. You need the help of an experienced pharmaceutical litigation attorney, who can review your case and consult with appropriate medical experts for a detailed assessment. Contact Gordon & Doner at 1-800-659-1159 today for further information and advice specific to your case.
For more information, please see the following related pages on our
website:
Pharmaceutical Litigation
Mass Torts Drug Litigation
Prescription Recall
Pharmaceutical Litigation
FAQs
Prescription Lawsuits FAQs
Pharmaceutical Legal
Glossary
