Dangerous Medical Devices and Drugs
Dangerous Drugs and Medical Device Attorneys
Although the US Food and Drug Administration (FDA) has established standards for manufacturers of medical products, dangerous drugs and medical devices still make their way to patients, sometimes causing catastrophic injuries, financial hardship, pain and suffering, and many other losses.
Our dangerous drugs and medical device attorneys at Blasingame, Burch, Garrard & Ashley, P.C. are committed to assisting victims in Georgia and across the U.S. whose lives are turned upside down by defective medical products. Please contact our office at (706) 354-4000 for more information about your legal options, and read on for some helpful information regarding the most commonly asked questions in medical products liability cases.
What are the Laws on Dangerous Drugs and Medical Devices?
Medications and medical devices have the potential to heal injuries, prolong life, prevent illness, assist with surgery, and offer a wide range of benefits. However, when products are dangerous, defective or malfunction, they can cause serious injuries to a patient.
Although the FDA regulates certain medications and devices used in the healthcare setting, the FDA regulations do not prevent dangerous devices and medications from being sold. The FDA’s “510(k)” process does not involve any review or determination of product safety, but instead allows certain medical devices to be sold based entirely on a promise that the device is similar to another product already on the market.
I’ve Been Injured by a Defective Product » What Are My Rights?
Most states have enacted laws that address products liability and dangerous drugs, and medical devices generally fall under these provisions. Unlike other types of personal injury claims that are based on negligence, a product liability case may also proceed under the theory of “strict liability.” Because strict liability is not based on showing fault by the manufacturer, it is generally necessary to prove the following four elements:
- The dangerous drug or medical device is defective in some way
- The defective condition caused your injuries, or death to a loved one
- The product was in the same condition when it reached you, as compared to when it left the control of the manufacturer
- You used the drug or device in accordance with the manufacturer’s instructions or intentions, so you did not misuse it
How May Drugs and Medical Devices Become Dangerous?
Despite compliance with FDA regulations, a manufacturer may release a product that contains certain types of defects. As a victim, you may have a claim based upon:
- Defective Design: If there is a flaw in the design process, the manufacturer may be liable for injuries that result from defective design. In these cases, the entire line of drugs or devices is considered dangerous, because they were all produced in accordance with the original design.
- Manufacturing Defect: When some error is incorporated into the manufacturing or production process, the dangerous drug or medical device may have a manufacturing defect. Unlike products having a design defect, these manufacturing defects only affect one or more lots of the product.
- Warning or Labeling Defects: Device and drug manufacturers must provide warnings about potential hazards and how they could affect certain patients or surgical procedures. The labels, marketing materials, and accompanying paperwork must include information regarding side effects, drug interactions, allergies, and other details. Failure to provide this information could lead to liability for the manufacturer
Reach out to our firm today at (706) 354-4000 to schedule your initial consultation with our team.
Will I Have to go to Court to Resolve My Case?
It may be possible to recover fair and reasonable compensation through settlement negotiations with a manufacturer prior to filing of suit, but there is a possibility you will need to file a lawsuit for your injuries. Still, you may not need to go to court.
What is the Statute of Limitations for Filing a Dangerous Drug or Medical Device Lawsuit?
Every state has different statute of limitations that requires you to file a lawsuit for a dangerous drug or medical device within a certain time period after your injuries. The determination of when that statute of limitations begins and ends depends on the facts of your case, and the state law that applies in your case.
When Should I Hire a Dangerous Drugs and Medical Device Lawyer?
It is critical to consult with an attorney as soon as you start feeling pain, experiencing negative effects, or become aware of potential issues. It can take time to gather the facts necessary to review your potential case for statute of limitations. Do not delay in contacting an attorney. Our experienced lawyers at Blasingame, Burch, Garrard & Ashley, P.C. have in-depth knowledge of the laws and concepts governing dangerous drugs and medical device cases. We also have strategic skills when dealing with manufacturers, and we are dedicated to obtaining the best possible settlement in your case. If we cannot reach an agreement, our lawyers have extensive experience in litigation, so we will aggressively fight for your rights in court.
BBGA is nationally recognized in multi-district litigation in Georgia and across the country. The firm has been appointed by courts as lead counsel or co-lead counsel for the plaintiffs in multiple national MDL proceedings and is active in drug and device litigation nationally. The firm’s MDL experience spans across multiple complex MDL cases, including transvaginal mesh and hernia mesh cases.
Some of the cases we handle include:
We have represented – and continue to represent – clients from across the country who have suffered injury as a result of defective surgical mesh products, and we have successfully resolved claims on behalf of many of our clients.
3M Combat Arms Earplugs
Many service members have been affected by 3M Combat Earplugs, suffering permanent hearing loss after being issued the devices during their military service from 2003-2015. The earplugs were used to protect service members from noise exposure during combat and training, but according to the lawsuit, the earplugs were defective because they were too short to properly insert into service members’ ears. The U.S. District Judge presiding over the litigation made 53 plaintiff leadership appointments among the plaintiffs’ bar for attorneys to serve in various roles to develop the litigation, two of which are shareholders at Blasingame, Burch, Garrard & Ashley. We represent service members with hearing loss and tinnitus in pursuing recovery for their injuries.
Sometimes parents supplement breastmilk with milk-based formulas like Similac or Enfamil for premature or low birth weight babies. Evidence suggests, however, that Similac and Enfamil can cause Necrotizing Enterocolitis (NEC), a life-threatening condition that has been linked to cow’s milk-based formula in premature infants. We help families hold formula manufacturers responsible when their product leads to an infant’s serious injury or death.
Paraquat is designed to kill broadleaf weeds and grasses before farmers plant fruits, vegetables, and other crops. Paraquat products are commonly sprayed multiple times a year in orchards or on farms with multiple crops. Paraquat has been linked to Parkinson’s Disease and is dangerous to human health. It is unfit to be marketed and sold without proper warnings and directions as to the dangers associated with its use.
BBGA has filed lawsuits for nearly 80 Georgia counties, cities, and hospital authorities, aimed at multiple manufacturers and distributors of opioids, seeking to hold them responsible for their role in creating the opioid epidemic.
Johnson & Johnson Talcum Powder
Our firm has assisted clients with lawsuits against Johnson & Johnson when their talcum powder was shown to lead to ovarian cancer. We continue to review and file lawsuits for clients whose cancer was likely caused by Johnson & Johnson talc products including Johnson’s Baby Powder and Shower to Shower. Henry Garrard serves on the Executive Committee in Los Angeles, California for litigation involving talc exposure leading to ovarian cancer in women.
Other Dangerous Drugs and Medical Device Cases We Handle
- Claims against diabetes drug manufacturers when they failed to properly report possible side effects and patients suffered kidney damage, ketoacidosis, amputation, and other complications as a result.
- BBGA has been instrumental in transvaginal mesh litigation that has resulted in worldwide recalls of products that have harmed tens of thousands of women.
Talk to Our U.S. Dangerous Drugs and Medical Device Attorneys Right Away
If you live in the United States and have been injured by a dangerous drug or medical device, please contact Blasingame, Burch, Garrard & Ashley, P.C. You can reach our office at (706) 354-4000 or via our website. We are happy to schedule a free case evaluation with one of our experienced lawyers. We have offices in Atlanta, Athens, and Lake Oconee, and we handle dangerous drugs and medical device cases in Georgia and throughout the U.S.