Dangerous Drug and Medical Device Attorneys Serving All of Arizona
The Arizona dangerous drug and medical device lawyers at Burg Simpson Law Firm understand the devastating impact that defective medications and devices can have on individuals and their families. Millions of people trust these products for their health and well-being, yet when they fail, the consequences can be severe, leading to long-term health issues, financial strain, and emotional distress.
If you or a loved one has suffered due to a dangerous drug or medical device, it is essential to discuss your case with an experienced attorney to properly explore your options for compensation. At Burg Simpson Law Firm, our attorneys are committed to providing the highest level of legal representation to victims of dangerous drugs and defective medical devices. Tireless in our approach and dedicated to justice, we know how to hold negligent companies accountable and pursue maximum compensation for our clients.
To schedule your FREE and confidential consultation with one of our defective drug and medical device lawyers, contact Burg Simpson online or call our Phoenix office at 602-777-7000 today. We serve victims of pharmaceutical and manufacturer negligence throughout Arizona.
Common Types of Dangerous Drugs and Medical Devices
Dangerous drugs and medical devices encompass a broad spectrum of products that, due to flaws in design, manufacturing processes, or insufficient labeling, present considerable risks to patients. These products can lead to severe health complications, long-term disability, or even fatalities.
While far from an exhaustive list, examples of dangerous medical devices include:
- Metal Hip and Knee Replacements. Implants made from metal components can fail prematurely or release metal particles into the body, causing inflammation, pain, and metallosis.
- Transvaginal Mesh. Used in pelvic organ prolapse and stress urinary incontinence surgeries, these can erode into surrounding tissue, causing severe pain, infection, and urinary problems.
- Drug-Coated Stents. Intended to prevent artery blockage, these can cause blood clots, leading to heart attack or stroke.
- IVC Blood Clot Filters. Designed to prevent blood clots from reaching the lungs, these filters can fracture or migrate, causing internal injury or death.
- Da Vinci Surgical Robots. While intended for precise surgical procedures, malfunctions and operational errors have led to patient injuries.
- Defibrillators and Pacemakers. These life-saving devices can malfunction due to battery or electrical issues, increasing the risk of fatal heart rhythm irregularities.
- Contraceptive Devices. This includes IUDs, which may migrate or perforate the uterus, along with birth control pills, which have been linked to increased risks of blood clots.
- Morcellators. Used in hysterectomies, these can spread undiagnosed cancer cells throughout the abdomen and pelvis.
Dangerous or Defective Medications
While a vast category, types of drugs that can result in severe or fatal harm include:
- Antidepressants
- Acne Medications
- Diabetes Drugs
- Antipsychotics
- Heart Disease & Stroke Medications
- Blood Thinners
- Thyroid Eye Disease Medications
In addition to prescribed medications, several over-the-counter (OTC) drugs can be improperly marketed, tainted during manufacturing, or otherwise made dangerous for consumption. These include:
- Acetaminophen, NSAIDs, and Aspirin
- Cold Medicines and Cough Syrups
- Diet Pills and Laxatives
- Herbal Supplements
At Burg Simpson Law Firm, we understand the immense impact injuries caused by dangerous drugs and medical devices can have on individuals and their families, including physical and emotional trauma and financial burdens from medical expenses and lost wages. If a defective drug or medical device has harmed you or a loved one, reach out to us to explore how we can assist you in achieving the justice and compensation you deserve.
Dangerous Drug & Medical Device Claims We Handle
At Burg Simpson Law Firm, our Arizona dangerous drug lawyers are dedicated to advocating for individuals harmed by a range of defective products. We handle claims involving:
If you have been injured by a dangerous drug or medical device—even if it is not on this list—we are here to meet with you, free of both cost and commitment, to help you determine how best to proceed.
Product Liability for Dangerous Drugs and Medical Devices
When it comes to pharmaceuticals and medical devices, the safety and well-being of consumers must be the highest priority. Sadly, defects still occur with alarming regularity due to insufficient testing, careless manufacturing processes, and other issues.
Similar to other product liability claims, the cause of a defective or dangerous medication or medical device generally falls into one of three categories, each affecting the product’s safety and efficacy in different ways. These are:
Design Defects
A flaw in the initial design is at the core of some product failures. This means that even if manufactured perfectly and according to specifications, the product remains inherently dangerous when used as intended.
For drugs and medical devices, design defects might be reflected by a failure to deliver the promised therapeutic effect or by inducing side effects far beyond what would be considered acceptable or manageable. An example could be a medical implant that erodes prematurely within the body, posing serious health risks.
Manufacturing Defects
Manufacturing defects arise during the production process. The design or formula for a drug or medical device may be sound, but errors in manufacturing can lead to a finished product that is unsafe for use.
In recent years, both prescription and OTC medications have become contaminated with harmful substances that were not intended for inclusion. In addition, during manufacturing, some medical devices are assembled with substandard materials that compromise their integrity and function.
Labeling/Marketing Defects
How a product is presented and marketed to consumers and healthcare professionals must be straightforward and include all possible side effects. Defects in labeling or marketing include inadequate instructions or warnings about potential side effects and incorrect usage information.
Marketing a product for off-label uses not approved by regulatory bodies can also lead consumers to use it in ways that are not safe. Misrepresentation of a drug’s off-label potential can lead to incorrect usage, which increases the risks of serious or fatal consequences.
When a defective drug or medical device injures you, it is critical to understand your options. Whether dealing with design, manufacturing, or labeling/marketing defects, the Phoenix dangerous drug and medical device lawyers at Burg Simpson Law Firm have the experience and resources necessary to provide the support and representation you need.
Who Can Be Held Liable for a Dangerous Drug or Medical Device?
When a drug or medical device causes harm, identifying and holding the responsible parties accountable is essential for seeking fair compensation. Liability for these dangerous products may fall on a number of entities and individuals, sometimes more than one. Having an experienced attorney on your side can help to ensure all liable parties are identified.
Parties that may be held legally responsible for damages caused by a dangerous drug or defective medical device include:
- Manufacturers
- Testing Laboratories
- Pharmaceutical Sales Representatives
- Distributors and Suppliers
- Healthcare Providers
Identifying and proving liability in cases involving dangerous drugs and medical devices requires a sophisticated understanding of product liability law and the specific medical and technical aspects of how these products are designed, tested, and used. This is where the assistance of an experienced Arizona dangerous drug and medical device lawyer comes in.
At Burg Simpson, our team is dedicated to unraveling the chain of responsibility, from the initial design and testing phases through distribution and use. We leverage our extensive experience to ensure that all parties who contributed to harm are held accountable. Our commitment is twofold: securing the justice and compensation our clients deserve, and working to prevent similar incidents from occurring in the future.
How Are Dangerous Drug & Medical Device Claims Handled?
When dangerous drugs or faulty medical devices cause harm, the legal claims that arise are often complex. Unlike cases handled individually, most claims related to these products are managed as mass tort cases.
What Does Mass Tort Mean?
A mass tort is a civil action involving several plaintiffs against one or a few defendants. Mass torts involve multiple claims but are focused on a single defective product. While the details of the claims are comparable, the individual claims are tied together, which can be beneficial for reasons including:
- Improved Efficiency and Consistency. Handling claims through mass tort litigation allows courts to manage numerous cases more efficiently, ensuring consistent rulings on similar issues. It prevents the duplication of efforts in legal proceedings and the presentation of evidence, making the process more streamlined for all parties involved.
- Access to Shared Resources. Plaintiffs in a mass tort case can pool resources such as expert testimonies, investigation, and research. This collaboration can level the playing field against well-resourced defendants like pharmaceutical companies and medical device manufacturers.
While cases in mass tort litigation are combined for pre-trial proceedings, each plaintiff’s claim is treated individually when damages are determined. This means that compensation is based on the specific circumstances and harm suffered by each person, ensuring that outcomes are tailored to individual experiences and losses.
Possible Dangerous Drug and Medical Device Damages
Mass tort claims offer a pathway for victims and their families to seek justice and recover compensation for damages resulting from injuries caused by dangerous drugs and medical devices. The value of a mass tort claim is influenced by many factors, reflecting each case’s unique circumstances. At Burg Simpson’s Phoenix office, our mass tort attorneys provide a thorough and honest evaluation of your claim, setting realistic expectations based on:
- The origin and degree of the injury
- The type and degree of medical treatment received
- The type and degree of preexisting medical conditions
- The type and degree of the responsibility of each involved party
- The ability—or inability—of the injured party to return to work
- The need for future medical and other life care needs
- Where the injury occurred
Depending on the specifics of your situation, this may result in damages being sought for:
- Medical Expenses
- Lost Income and Future Earnings Potential
- Physical Pain and Suffering
- Emotional and Psychological Damages
- Funeral and End of Life Expenses
Mass tort claims require experienced legal representation to help ensure victims receive the compensation they deserve. The experienced Arizona dangerous drug and medical device attorneys at Burg Simpson’s Phoenix office have decades of experience with mass tort litigation. We combine our legal experience with a compassionate approach to advocate for the rights and best interests of each client we represent.
While each case is unique, our firm has secured a number of significant verdicts and settlements through individual and collective legal action. During your FREE case review, we can assess your damages to help you determine what your claim may be worth.
How Long Does a Mass Tort Case Take?
The duration of a dangerous drug or medical device case—from its initiation through resolution—can vary widely based on several factors. Sometimes, settlements are reached swiftly, even before a lawsuit is officially filed. These cases typically involve clear liability and a willingness on the part of the defendant to resolve the matter expediently. More commonly, settlement occurs during negotiations. This phase follows extensive investigations, discovery, and pre-trial motions and can take several months or even years to reach.
Should your case go to trial and result in a favorable judgment, the defendant may opt to settle or pay the awarded amount promptly. However, it is not uncommon for defendants to appeal a trial verdict, potentially extending the timeline for final recovery by additional months or years. Likewise, if the result is unfavorable, you will have the right to appeal, which will similarly affect the timeline of the claim.
Determining how long a lawsuit will take to resolve can be challenging, but we will stand by you every step of the way. During your complimentary consultation with one of our Phoenix dangerous drug and medical device attorneys, we will discuss potential timeframes, scenarios, and outcomes to help you better understand how long it may take to resolve your claim.
What Is the Statute of Limitations for Filing a Claim Against a Negligent Manufacturer in Arizona?
The statute of limitations for filing a claim against a negligent manufacturer, distributor, or another liable party in Arizona is two years from the date the injury was discovered or reasonably should have been discovered (See Arizona Revised Statute § 12-542). This statute acknowledges that harm may not be immediately apparent in many instances—particularly with complex products like pharmaceuticals and medical devices. The extra time provided here helps to ensure individuals have a fair opportunity to seek justice, even if the impact of a product’s defect takes time to manifest.
While the two-year statute of limitations applies broadly, there are exceptions and variations based on specific circumstances, such as cases involving minors or individuals with disabilities.
However, given the complexities surrounding these claims, it is essential to secure experienced legal representation as soon as you suspect you have suffered harm.
At Burg Simpson’s Phoenix office, our attorneys possess extensive knowledge of Arizona’s legal landscape regarding product liability claims. We are adept at evaluating the specifics of your case, advising on the statute of limitations, and taking decisive action to protect your rights.
How Much Does a Mass Tort Claim Cost?
Burg Simpson Law Firm is committed to providing accessible legal representation to those affected by defective drugs and medical devices. We understand the financial concerns accompanying the decision to pursue a mass tort claim. We take steps to manage the costs associated with your case without placing you in financial danger.
We begin with a thorough evaluation of your case at absolutely no cost to you. This initial consultation is designed to assess the merits of your claim and determine the best course of action without any financial obligation on your part. If you choose to move forward with a viable claim, our fee agreement is structured on a contingency basis. Our compensation is a predetermined percentage of the total damages we recover on your behalf. If we do not achieve a recovery in your case, you owe us nothing.
Pursuing a mass tort claim involves various costs, including filing fees, the expense of retrieving medical records, and the cost of securing expert testimony. In addition to working on a contingency basis, we advance these costs on your behalf, allowing your case to move forward without any upfront cost.
Our Phoenix dangerous drugs and medical device lawyers believe financial concerns should not hinder seeking fair compensation through legal action. By offering our services on a contingency basis and covering all necessary litigation expenses upfront, we work to provide a stress-free legal experience, enabling you to focus on the more important task of healing.
Contact Our Arizona Dangerous Drugs and Medical Devices Lawyers for Free
If you have been injured or a loved one has been killed by a dangerous drug or medical device, contact Burg Simpson online or call us at 602-777-7000 today. Located in Phoenix, our defective medication and faulty device attorneys serve victims of serious injury in Scottsdale, Tempe, Mesa, Chandler, Glendale, and throughout Arizona.
