Mass Tort Lawyers Handling Dangerous Drugs & Defective Medical Devices Claims in Ohio
Attorneys at Burg Simpson have a long and illustrious history of advocating on behalf of consumers who have suffered harm due to dangerous drugs and defective medical devices. Our lawyers have recovered millions of dollars on behalf of clients in mass torts and class actions.
Class actions are legal claims brought on behalf of multiple plaintiffs (a class) who suffered similar injuries and losses due to the negligence or wrongdoing of a specific defendant. A mass tort, meanwhile, is a legal term for claims involving similar fact patterns that are handled on an individual basis.
It can be difficult to know what to do if you or a loved one has been injured by a dangerous drug or defective medical device, let alone what legal rights you may have. At Burg Simpson, our attorneys can help you understand your rights and provide you with guidance and support throughout the entirety of your claim.
For a FREE and confidential case evaluation, call Burg Simpson at 513-852-5600 today. Our mass tort lawyers serve clients throughout Ohio and nationwide from the Burg Simpson office in Cincinnati.
What Are Dangerous Drugs?
All drugs have potential side effects. Pharmaceutical companies are required to warn consumers of known side effects, drug interactions, and contraindications, as well as tell them what to do in the event of an adverse reaction.
Dangerous drugs litigation concerns injuries to consumers arising from undisclosed risks. If you take a medication as advised and suffer harm, you may have a claim against the manufacturer.
Dangerous Drug Claims Burg Simpson Is Currently Handling
At Burg Simpson, our lawyers closely monitor emerging litigation concerning dangerous drugs. Our dangerous drugs attorneys are currently accepting cases on behalf of consumers who suffered injury after using the following medications and products:
Elmiron is a medication prescribed for interstitial cystitis, a bladder condition that leads to pain, discomfort, and changes in urination. Recent studies show that prolonged use of Elmiron is associated with retinal damage. Damage to the retina can lead to vision loss and even blindness.
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Hair Straighteners and Relaxers
New research highlights the link between frequent use of hair relaxers and straighteners and multiple forms of cancer, including uterine cancer, ovarian cancer, and breast cancer. Chemicals in hair straightening products are also considered endocrine disruptors, which can alter the body’s hormones and lead to adverse effects on reproductive, neurological, and immune health.
Tepezza is a drug prescribed for the treatment of thyroid eye disease. Multiple reports have raised concerns about hearing loss, tinnitus, and other issues associated with Tepezza.
What Are Defective Medical Devices?
Medical devices have a wide range of uses. Devices used during surgery or those implanted in a patient may have inherent risks of which patients need to be informed before they consent to surgery and other procedures.
Proving that a medical device failed and caused you injury is generally not enough for you to have a claim for damages against the manufacturer. As with dangerous drugs, defective medical devices litigation arises when patients are injured because of an undisclosed flaw.
Defective Medical Devices Claims Burg Simpson Is Currently Handling
Reports and alerts concerning medical device defects should always be taken seriously. Our defective medical devices lawyers are currently accepting cases involving the following:
DePuy Synthes Radial Head
The DePuy Synthes Radial Head Prosthesis System is an elbow replacement device. DePuy recalled tens of thousands of these devices after multiple reports of the implant loosening. This can result in bone loss, increased risk of fractures, pain, and other issues.
Burg Simpson filed a lawsuit against Endologix, Inc. for defects associated with the AFX Endovascular AAA System. Used to treat abdominal aortic aneurysms, the AFX AAA has been recalled due to the risk of leakage that can cause aneurysms to expand and rupture.
Exactech Hip, Knee, and Ankle Implants
Multiple recalls have been announced for hip, knee, and ankle replacement devices manufactured by Exactech. Premature wear and failure rates have been observed in multiple Exactech joint implants due to improper packaging.
What Are My Rights After Injury from Dangerous Drugs or Defective Medical Devices?
Consumers and patients often do not learn about the risks posed by pharmaceuticals, over-the-counter medications, and medical devices until years after the fact. Understandably, finding out the dangers of something you put in your body or had put in your body to make you healthy is an alarming experience.
If you or a member of your family suffered injury due to a dangerous drug or medical device, it is important to speak to a knowledgeable attorney as soon as possible. Burg Simpson is nationally recognized for our success representing both individual plaintiffs and classes of people who have been harmed by dangerous drugs and medical devices.
As a consumer, you have the right to expect that a medicine prescribed to you or sold over the counter is safe when taken as indicated. Likewise, patients who consent to surgery have the right to expect that an implant or other device will be free from defects.
Errors in design and manufacturing and/or failure to warn consumers of potential risks can give rise to product liability lawsuits. The same is true of dangerous drugs and defective medical devices, but these claims involve unique circumstances and challenges that require knowledgeable legal representation.
Mass Torts vs. Class Action Lawsuits
Whether your case proceeds as an individual claim or you are eligible to participate in a class action depends on a host of different factors. Litigation involving dangerous drugs and defective medical devices is unique partly because so many people could be adversely affected by an unsafe medication or device.
These cases often begin as individual product liability claims. As evidence emerges of negligence or wrongdoing on the part of the manufacturer and injuries suffered by consumers become more widespread, cases may be termed a “mass tort.” Mass torts are civil wrongs recognized by the legal community where many people have been harmed and seek recovery from the same defendant(s). At this point the nature and severity of injuries and the extent of damages may vary from plaintiff to plaintiff; cases will generally proceed on an individual basis.
Proceedings may be certified as a class action if the following conditions (found in Rule 23 of the Federal Rules of Civil Procedure) are met:
- Numerosity: There is a sufficiently large number of affected persons for it to be impractical for individual plaintiffs to join a single claim. U.S. courts have ruled that “numerosity is presumed at a level of 40 members.”
- Commonality: Plaintiffs’ individual claims must have questions of fact and/or law in common.
- Typicality: “Named parties’ claims or defenses are typical of the class.”
- Adequacy of representation: Attorneys must be “qualified, experienced, and able to conduct the litigation” on behalf of the class.
In addition, it must be shown that trying cases individually may result in “inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct for the party opposing the class” (see the Federal Rules of Trial Procedure § 23(b)(1)(A)). Effectively, an argument must be made that separate handling of the cases may result in inconsistencies for the defense which could in turn lead to unfair outcomes for the members of a potential class.
Do I Have a Case?
For a dangerous drugs or defective medical devices claim to succeed, your attorney will need to prove the following:
- The medication, implant, etc. suffered from a defect. This may consist of a defect in the design or manufacturing of the product, or a failure to warn consumers of a known risk.
- You or a loved one suffered injuries (such as physical trauma, worsening health, etc.) as a result of the defect.
- You and/or your family suffered harm and/or economic loss (as defined by Ohio Revised Code § 2307.71).
Expert witnesses are typically involved in product liability claims to help us determine how and why the product failed, how the defect led to your injuries, and the damages to which you may be entitled. Hiring qualified experts is especially important in claims involving dangerous drugs and defective medical devices, as these cases often involve complex medical questions, issues of causation, and more.
Burg Simpson has cultivated relationships nationwide with leading experts in medicine and other fields. Our firm has the experience, knowledge, and resources to handle dangerous drugs and defective medical devices litigation in Ohio and courts throughout the country.
Injured by Dangerous Drugs or Defective Medical Devices? Burg Simpson Can Help!
Founded in 1976, Burg Simpson has earned a national reputation for taking on some of the largest pharmaceutical and biomedical manufacturers in the world and holding them accountable for the harm their products cause. We have obtained more than $2 billion in results and secured recognition as a top-tier firm in the fields of class action lawsuits and mass torts, and our attorneys are regularly appointed by Federal Courts to leadership positions in class action and mass tort cases.
Our attorneys have held leadership positions in multiple mass tort litigation cases and helped thousands of clients obtain justice and compensation for their injuries. We are ready and willing to fight for you.
Call Burg Simpson at 513-852-5600 today for a FREE and confidential case evaluation. Our Cincinnati mass tort attorneys handle dangerous drugs and defective medical devices claims on behalf of clients throughout Ohio and nationwide.