Dangerous Medicine & Unsafe Medical Devices

Dangerous Medicine & Unsafe Medical Devices -Questions You Should Ask

Do I have a dangerous medicine or unsafe medical device claim?

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Generally, if you have been injured, or a loved one has been injured or killed, due to the fault or negligence of another person or company, you or your loved one may have a right to seek compensation in a lawsuit. In America, the law allows compensation for damages arising from personal injuries. There are many countries that do not provide this important right to its citizens.

You may have a claim if you have been injured by a product. Product liability claims can be brought against manufacturers and sellers of defectively designed products, defectively manufactured products, and products that do not have proper warnings or guards. The kinds of defective products that can lead to a product liability claim are wide and varied. They can include all most any product you may use at home or at work that may be dangerous if not designed or manufactured properly or where proper warnings are not given, from prescription drugs to defective medical devices.

There may be circumstances that may prevent you from making a claim. Sometimes the law does not allow a claim to be brought against certain people. Some claims against the government are precluded by statute. The passage of time can also preclude a claim if the claim is brought beyond the applicable statute of limitation. If your injuries were caused by your own fault, your claims may be limited or barred.

Every case is different and whether you have a valid claim depends upon the specific facts of your particular case as well as the applicable law. This is why it is important to consult with the experienced personal injury attorneys at Burg Simpson if you have been injured to discuss potential claims you may have.

What is my claim worth?

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There are many, many factors that go into evaluating what any particular claim is worth. Each case is different and it is impossible to provide a specific dollar figure for any claim. No attorney can ever guarantee you will obtain compensation for your claim or that you will receive any certain amount of compensation. That being said, the experienced injury attorneys at Burg Simpson have vast experience in most every kind of dangerous drug and defective medical devices claim. We can provide you with an honest evaluation of your claim and provide you with an assessment of what your claim may be worth.

Some of the factors that can affect a claim’s worth include the nature and extent of the injury, the nature and extent of medical treatment received, the nature and extent of preexisting medical problems, the nature and extent of the liability of each person involved, the ability of the injured person to return to that work, the need for future medical and other life care needs, the location where the injury occurred, and the amount on insurance available, to name a few.

When a person is unable to go back to work because of an injury, it can cause a significant economic loss that can be worth tens of thousands, hundreds of thousands, or even millions of dollars depending on the job and the remaining work life of the injured individual. For example, a surgeon who can no longer perform as a doctor because of an injury may have many millions of dollars in future lost income over his lifetime. Even a construction worker making $30,000 per year can easily have many hundreds of thousands of dollars in lost income. Consider also that the nature of the persons work may greatly impact the value of a claim. An accountant who breaks his leg in a car crash may not have significant lost income, since she can still likely perform her duties as an accountant. But a concert pianist who breaks his hand may be prevented from ever playing piano again. The impact on employment is a significant factor in evaluating a claim’s worth.

Where an injury occurs can be a factor in a claim’s worth. This is because where an injury occurs may be where a lawsuit must be brought. The laws in each state vary, and some states protect their citizens more than others. Some states allow unlimited recovery of “non economic damages,” like pain and suffering, while some states severely limit the recovery of non economic damages. The laws in each state regarding negligence, comparative fault, and other liability issues may also affect the value of the claim. For claims that must be clearly brought in one state, the value of the claim may be affected by which county the claim is brought in. Some counties have more conservative jurors, while others are more liberal. As there may be several states–or counties within a state–in which a claim may be brought, it is important to evaluate all of those potential venues before filing a lawsuit.

Will I have to go to trial?

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Most lawsuits end up settling before trial. So statistically the chance that you will actually go to trial is actually quite low. Settlement is an important aspect of any lawsuit and should be considered by you using your attorney’s sound advice. But you have a right to go to trial and a right to have your case heard by a jury. You do not have to settle your case if you think that you are not being offered enough compensation for your injuries. Your attorneys will provide you their legal advice and opinions as to the merits of your case, your chances at trial, and their opinions as to whether a settlement offer should be seriously considered or rejected.

Settlement has the advantage of certainty—you are not relying on a jury to decide the fate of your case. The advantage of taking a case to a jury is the ability to tell your story and to potentially have the jury award you more than what is being offered to settle your claim. Some claims should be settled. Other claims should be taken to a jury. Each case must be evaluated on its own merits in making that decision. Sometimes the defense will refuse to talk settlement, in which case you would have no choice but to take your case to a jury. But generally, whether you settle or take your case to trial is up to you.

Why should I pay a lawyer to represent me?

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You are not required to hire a lawyer. As an individual, you can represent yourself in a court of law. But you must understand that the law can be very confusing. There are many rules applicable to court proceedings. Many laws and rules, if not complied with, can result in your case being barred or dismissed. A lawyer is trained to analyze laws and rules and will advise you concerning the upsides and downsides to actions that may affect your legal rights. That is the number one job of a lawyer-protection of your legal rights.

Also, a lawyer trained and experienced in negotiation is likely to obtain a much better settlement than if you were to try to settle a case on your own. And many times a defendant or insurance company will not do anything at all until a lawyer is threatening them or their insured with a lawsuit. Your case may essentially be worth nothing until you actually hire a lawyer who can stand up for your rights.

And should you have to go to trial, a good lawyer is a necessity. Trial and pretrial procedures are vast and complex; someone who is not familiar with all of them is likely to trip up and lose rights and opportunities to present their best case to a jury. A lawyer knows the system, knows the judges, and knows how to present a case to a jury.

What are contingency fees?

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Contingency Fees are paid by a client to a lawyer when the lawyer is able to secure a settlement or a paid judgment with a defendant. Contingency fees are very important in personal injury cases because they allow a person who may not have the money to pay for a lawyer to actually bring a lawsuit to recover compensation for their injuries. Most people could not pay an attorney’s hourly rate to bring a lawsuit because of the hundreds and sometimes thousands of hours that it takes for an attorney to do all the necessary tasks to bring a successful lawsuit. Contingency fees are only paid if you obtain a recovery. If you do not obtain a recovery, the lawyer does not get paid for his work.

Does Burg Simpson work on a contingency basis?

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Yes, we handle our personal injury cases on a contingency fee basis. If you do not recover, we do not get paid.

What will it cost me to file a lawsuit?

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There are a number of costs (as opposed to fees) that the client is typically responsible for. For example, court filing costs, expert witness costs, deposition costs, and document reproduction costs are costs that are typically incurred in a case. For dangerous drug and defective medical devices cases, Burg Simpson has the resources to front those costs, so that you will not have any out-of-pocket expenses in your case. This is important because case costs may be many thousands of dollars. When your lawyer is able to obtain a recovery for you through settlement or judgment, those costs are paid back to the lawyer.

The rules in some states, like Colorado, allow costs, like attorney fees, to be paid on a contingent basis. Thus, if there is no recovery, the client and the attorney can agree that those costs do not have to be paid back.

How do I get medical care for my injuries?

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You should always follow the directions and recommendations of your doctors and other health care providers. Your attorneys may sometimes recommend health care providers if they feel that you have not received the proper or necessary care or treatment for your injuries. Your attorneys, however, cannot pay for your medical care or treatment. You should use your own insurance or finances to pay for your treatment. If you have no insurance or means of paying for necessary health care, Medicaid may be an option. Certain individuals may also be eligible for Medicare. Some doctors may provide treatment on a contingent basis, so that you do not have to pay them unless you recover in your lawsuit. Family and friends may be able to provide financial assistance. Whatever you do, remember that your health is what is most important.

Will Burg Simpson pay for my medical care?

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No. The ethical rules governing lawyers do not allow a lawyer to pay for a client’s medical care.

How long will I have to wait to get compensation for my injuries?

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This is a difficult question to answer because it depends on so many factors. Sometimes a settlement can be reached quickly without having to file a lawsuit if the liability is clear and the injuries are undisputed. If a lawsuit must be brought, then settlement will typically be delayed by many months while the parties engage in discovery. Cases many times will settle very close to trial, which can be a year or more after the case is filed. If a verdict is rendered in your favor, and a judgment is entered, the Defendant will sometimes pay or settle at that time, but many times the Defendant will appeal the judgment, in which case the ultimate recovery can be delayed by several years while the case proceeds through the appeal process. If you lose at trial, you have the right to appeal. Again, the process can take several years, and if you win the appeal, you will likely need to go through another trial, and potentially, another appeal. If may be many years until you obtain compensation for your injuries.

 February 26, 2020

The Denver Fire Fighters Charitable Foundation Awards

Burg Simpson Shareholder Nick Fogel Presents the Denver Fire Fighters Charitable Foundation Awards The Denver Fire Fighters Charitable Foundation, in partnership with the Denver Fire Department Foundation and Burg Simpson shareholder Nick Fogel, was pleased to present the annual Denver Fire Scholarship awards on Saturday, February 22nd. These organizations awarded two $1,500 scholarships to two qualifying high school… Read more »


 February 13, 2020

Burg Simpson E-News: February 2020

Join Our Email List Complex Business and Commercial Litigation, Construction Defects, Dangerous Drugs & Medical Devices, Mass Tort, Class Action, Medical Malpractice, Personal Injury, and Workers’ Compensation FEBRUARY 2020 E-NEWS GOOD LAWYERS 5280 Magazine Recognizes Denver’s Top Lawyers for 2020 Burg Simpson Eldredge Hersh & Jardine is pleased to announce that Michael S. Burg , Peter W…. Read more »

 February 13, 2020

National Trial Lawyers Announces Top Lawyers for 2020!

National Trial Lawyers Announces the Top Lawyers for 2020! Burg Simpson is pleased to announce that the National Trial Lawyers Association has selected the Top 100 Attorneys and the Top 40 Under 40 Attorneys for 2020! The National Trial Lawyers Association is an invitation-only organization composed of the premier trial lawyers from each state or region… Read more »

 February 12, 2020

Mediation vs. Arbitration: Resolving Your Commercial Dispute

Mediation vs. Arbitration: Resolving Your Commercial Dispute Most commercial contracts have a provision stating that the parties will mediate disputes before taking the issue to arbitration or trial.  For those seeking to resolve a commercial dispute, it is important to know that litigation is typically expensive, time-consuming, public, and unpredictable. A trial’s outcome is always uncertain… Read more »


 December 9, 2019

Settling Commercial Litigation Cases

An out-of-court settlement is a legally-binding agreement between the parties to a lawsuit that effectively puts an end to the legal matter. A settlement resolves all disputes inherent in the lawsuit, and results in dismissal of the claims filed in court.  Sometimes a settlement will contain a requirement that other court orders be entered effectuating… Read more »

Holding Pharmaceutical Companies Responsible – Mass Tort | Dangerous Drugs & Medical Devices

 November 12, 2019

Holding Pharmaceutical Companies Responsible – Mass Tort | Dangerous Drugs & Medical Devices

Burg Simpson’s Colorado mass tort attorneys have represented thousands of people who have suffered serious side effects after taking dangerous medications or those who have been hurt by a defective product.  If you have suffered injuries related to a defective drug or medical device, contact the Burg Simpson mass tort team at 303-790-2525.


 November 8, 2019

Bike Crash Safety Video – Burg Simpson Personal Injury

The personal injury attorneys at Burg Simpson help fellow bicycle enthusiasts understand how to protect their rights after a bike crash and stay safe on the roads. If you have been hurt in a bike crash and need help, reach out to us today by calling our office or filling out our online free case… Read more »

7th Annual Jeremy Bitner Memorial Run for the Fallen Officers Fund

 July 1, 2019

7th Annual Jeremy Bitner Memorial Run for the Fallen Officers Fund

The Jeremy Bitner Foundation was established in honor of Englewood Police Detective Jeremy Bitner. Detective Bitner lost his life in the line of duty on May 28, 2012, after being struck and killed by a vehicle while performing a traffic stop. Jeremy served the Englewood Police Department for 8 years and during that time was assigned… Read more »

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