Attorneys Serving the Victims of Dangerous Drugs & Defective Medical Devices in the Denver Metro Area, All of Colorado, and Nationwide
When you select a dangerous drugs lawyer at Burg Simpson Law Firm, you can expect the highest levels of experience and personalized care for your individual situation. Combining the local clout of an elite Colorado law office with the strength of a nationwide firm, Burg Simpson is dedicated to maximizing compensation for those who suffer injury due to dangerous drugs and defective medical devices.
Drug injuries happen for a variety of reasons, from improper or inadequate labeling to defects on the manufacturer’s part. We are committed to holding pharmaceutical companies and device manufacturers accountable for the harm they cause.
An award-winning law firm, Burg Simpson Law Firm is ranked among the Best Law Firms in the country by U.S. News & World Report. We are recognized as a National Tier 1 firm in the category of Mass Tort Litigation and Class Actions.
Speak to a dangerous drugs lawyer or defective medical devices attorney if you have been injured by a faulty pharmaceutical product. For a FREE and confidential case evaluation, call Burg Simpson Law Firm at 303-792-5595 for assistance in Colorado or 888-895-2080 nationwide.
How Is Litigation Handled for Dangerous Drugs & Defective Medical Devices?
Cases involving dangerous drugs and defective medical devices involve a number of unique challenges. Tens of thousands of consumers may be affected by dangerous drugs and medical devices, potentially resulting in a wide range of serious injuries and health conditions (and sometimes death).
When multiple individuals are injured by a single product, litigation generally proceeds in one of two ways: mass torts or a class action lawsuit.
What Is Mass Tort Litigation?
A mass tort refers to civil actions brought by several plaintiffs against one or more defendants for the same cause of action (in this case, the drug or medical device alleged to have caused injury). Unlike class action lawsuits (where multiple plaintiffs’ cases are consolidated into a single claim), mass torts are filed individually. The basic facts of mass torts may be the same, but the proceedings and outcome of each case are separate.
Mass tort litigation is complex, requiring extensive legal knowledge and experience. Attorneys at Burg Simpson are well-versed in the challenges of these cases, including:
- Assessing the claims of multiple plaintiffs and looking for commonalities
- Determining jurisdiction (i.e., whether to file suit in state or federal court)
- Navigating various state laws concerning the statute of limitations and caps on damages
- Investigating the role of third parties in the defect that made the drug or device unsafe
- Pursuing legal action against large and powerful defendants, including pharmaceutical companies and medical device manufacturers
A drug injury attorney at Burg Simpson Law Firm can review your case for FREE and discuss your legal options. We can also inform you of any class action litigation for which you may qualify.
Our Current Dangerous Drugs & Defective Medical Devices Mass Torts
Burg Simpson Law Firm closely monitors recalls and safety alerts for drugs and medical devices. We perform in-depth research into reported injuries and illnesses so we can represent clients effectively should litigation arise.
Contact a dangerous drugs lawyer or defective medical devices attorney at our firm if you or someone you love has been harmed by any of the following:
- Exactech Hip, Knee, & Ankle Devices
- EzriCare Artificial Tears
- Chemical Hair Straighteners
- Hernia Mesh Implants
- Proton Pump Inhibitors
- Stryker Rejuvenate Hip Replacements
- Talcum Powder & Ovarian Cancer
- Tepezza Hearing Loss
If you were injured by any kind of dangerous drug or defective medical device, do not hesitate to contact us as soon as possible. There is strength in numbers, and our team will seek to maximize compensation for your losses.
What Makes Drugs Dangerous?
Drug companies have a duty to ensure their products are safe and inform patients and medical professionals alike of possible side effects. The following situations may all result in dangerous drugs reaching consumers:
- Unsafe design or formulation of the drug
- Inadequate testing
- Contamination of the medication during manufacturing
- Failure to warn consumers of potential dangers
- Errors in labeling and packaging
- Marketing a drug outside its approved use
Thorough investigation is needed to determine what made the drug dangerous and who is responsible. Our drug injury lawyers maintain a network of experts who can help us prepare strong cases on our clients’ behalf.
Can I Sue for Drug Side Effects?
All drugs have potential side effects. Some are relatively minor, while others can lead to serious adverse reactions.
If you suffer severe side effects from a medication, our bad drug lawyers may be able to obtain compensation on your behalf if the side effects occurred due to a defect with the drug.
Most medications include a label warning of potential side effects. It can be difficult to obtain compensation if you experience side effects listed on the label—even if the side effects are severe. Our bad drug attorneys can determine if the medication included adequate warning for known side effects.
What Causes Medical Device Defects?
Medical devices serve many different purposes. They can stabilize joints, regulate the heartbeat, administer medication, and more. Defects in these devices can have a catastrophic impact on patients’ health.
Issues that can cause defective medical devices include:
- Design defects
- Use of substandard materials
- Insufficient testing of the device before going to market
- Manufacturing errors
- Failure to perform quality control
- Contamination and improper packaging of components
- Failure to warn of known side effects
As with any product liability case, the evidence must show that (a) the device was defective, and (b) this defect resulted in injury. Experienced defective medical devices lawyers can collect the necessary evidence and consult experts to prove your case.
What Happens If a Medical Device Fails?
The failure of a medical device should always be taken seriously. It is critical to contact your doctor as soon as possible. You should also consider visiting the FDA website to see if the device has been included in any recalls.
Those with defective medical devices may need revision surgery to remove and replace the device. Additional medical treatment may be necessary for any injuries you suffered or health conditions you experienced due to the defect. Be sure to keep any and all paperwork and bills related to your medical care, surgeries, etc.
You should seek legal counsel as soon as possible if you or a member of your family is affected by a defective medical device.
Who Is Liable for Dangerous Drugs & Defective Medical Devices?
Multiple parties are generally involved in the design, manufacturing, packaging, and distribution of medications and medical devices. This means that multiple defendants may be held liable for defects that cause injury.
Potential defendants in a dangerous drug or defective medical device lawsuit include:
- The pharmaceutical company that created the drug or device
- Entities responsible for the marketing of a drug or device
- Organizations that conduct drug trials
- Labs and companies that manufacture the drug or device
- Companies responsible for packaging the product
- Pharmacies that fill prescriptions and package drugs
Drug companies and device manufacturers may be held to a strict liability standard, meaning the defect does not have to be the result of negligence for the plaintiff to recover compensation. Pharmacies, however, may only be held liable for injuries arising from negligence.
Medical professionals such as doctors and physician assistants may also be held liable for negligently prescribing dangerous drugs or installing a defective medical device. A dangerous drugs attorney can help you bring a medication error lawsuit against one or more practitioners, as well as explore the liability of the hospital or medical practice.
What Is Your Mass Tort Case Worth?
The damages in a mass tort case tend to be substantial. Victims of dangerous drugs and defective medical devices often sustain serious injuries or suffer a significant decline in their health. Hundreds or even thousands of consumers may be affected.
Depending on the circumstances, you may be entitled to compensation for losses such as:
- Current medical expenses
- The cost of future medical care
- Lost wages
- The loss of earning capacity, if you are no longer able to work
- Pain and suffering
- Emotional distress
- Permanent disability
- Loss of consortium
If your loved one died and you suspect it was caused by a dangerous drug or defective medical device, our lawyers may be able to file a wrongful death claim on your family’s behalf. You may be entitled to compensation for funeral and burial expenses, loss of the decedent’s income and financial support, medical bills incurred prior to death, and more.
A dangerous drugs lawyer or defective medical devices attorney can evaluate your case in detail and provide an educated assessment of how much compensation you may be entitled to. Multiple factors that can affect the value of a mass tort claim include:
- The nature and severity of the injury
- Current, future, and ongoing medical needs
- Your ability to work, now and in the future
- The liability of each defendant
- Where the injury occurred
State laws vary in terms of how much protection is afforded to consumers when they are injured by a defective or dangerous product. At Burg Simpson, we use our local clout and national strength to help clients protect their rights.
How Long Do Mass Tort Cases Take?
It is an unfortunate reality that mass torts can take several years to resolve. These cases are complicated, requiring intensive investigation and significant preparation. Settlement negotiations can also be a lengthy process. If the case ends up going to trial, this requires additional time—both to prepare for trial and address filings, motions, and other pre-trial matters.
For plaintiffs eager to find justice and move on with their lives, the wait can be difficult. However, holding drug companies and device manufacturers accountable for defects is generally worth the wait.
Mass torts can effect change, potentially preventing dangerous drugs and defective medical devices from hurting more people. The key is patience, as well as partnering with the right law firm.
Burg Simpson understands how challenging mass torts can be. In addition to handling your case with the utmost skill, each dangerous drugs lawyer and defective medical devices attorney at our firm will provide individualized guidance and support throughout the process.
What Makes Burg Simpson Different?
We are Good Lawyers. Changing Lives.® Our goal is not only to achieve the optimal outcome for our clients, but to ensure that the people we represent can recover from their injuries and damages financially, physically, and mentally.
Factors that set our firm apart include:
- More than $2 billion in settlements and trial awards.
- Nationwide presence; we have multiple offices across the country, enabling us to handle mass torts, multidistrict litigation, and class actions more effectively than firms limited to a single geographic area.
- A trusted name backed by more than 45 years of experience.
- 65+ attorneys well-versed in complex legal matters.
- Unparalleled resources, including dedicated investigators, knowledgeable staff, and extensive access to expert witnesses.
Many of our lawyers have achieved individual recognition from top legal organizations and publications for representing plaintiffs in mass torts and class actions. Clients have also taken the time to share their experience with Burg Simpson, leaving a number of positive reviews.
Contact a Colorado Dangerous Drugs Lawyer or Defective Medical Devices Attorney Today
Whether you were injured by a bad drug or a defective medical device, it is important to seek legal counsel as soon as possible. The statute of limitations in Colorado is just 2 years, making prompt legal action critical for obtaining the compensation you and your family deserve.
The drug injury lawyers at Burg Simpson Law Firm have represented thousands of individuals who have suffered serious side effects after taking dangerous medications. We have also represented those who have been injured after using defective medical devices. Some of these cases have involved several of the world’s largest, high-profile companies.
For a FREE and confidential case evaluation, call us at one of the following numbers: