DANGEROUS DRUGS & DEVICES
Justice for You
At the office of Brad Bradshaw, MD, JD, LC, we work with qualified attorneys throughout the country to investigate claims of dangerous drugs and medical devices that have been found to be defective.
We are currently investigating possible claims regarding:
Defective Hip Replacements/Implants
Unanticipated side effects from medications or the failure of a medical device can cause greater problems than the condition it was originally prescribed to treat. The consequences of which can range from minimal to devastating. While many believe the FDA's process for approving medications and medical devices can at times be too lax, drug makers often argue that it does not move fast enough and wastes too much time in getting new medications approved and into the market. There are many loopholes and shortcuts in the FDA's approval process. These shortcuts and loopholes may be to the benefit of the manufacturers of these products and they can be detrimental to consumers by not putting these products through the same rigorous safety testing.
Increasingly, doctors are prescribing drugs for conditions which they were not originally approved to treat. And, while this practice is not illegal, it can be very dangerous. It can put patients at greater risk of medication errors, side effects and unwanted drug reactions. Although there is usually ample medical evidence to support the unapproved uses, that is not always the case. These drugs have not been put through the formal studies required by the FDA to officially approve the drug for new uses.
There are strict time limits in which a claim for damages and personal injury can be brought against a negligent party. These time limits are often called "Statute of Limitations". This means that after the incident you only have a certain amount of time in which to file a lawsuit. After that time, your right to file a claim is waived. These statutes vary from state to state, and can vary depending on the circumstances of the claim. If you believe you may have a potential claim, you should seek the assistance of a qualified attorney as soon as possible.
What to Do When You've Been Injured
Keep the remaining drugs in your pill bottle, if you have any pills left in your house. If it is a dangerous medical device, ask the doctor to give you the device after it is removed (if they will allow it, otherwise ask them to keep it and not destroy it nor return it to the manufacturer).
Keep all of your medical appointments. Juries and insurance companies believe that injured people will keep their follow up appointments. Additionally, in some states, the court can actually reduce your money recovery for failure to “mitigate” your damages. One way the Drug companies argue a person failed to mitigate their damages, is the failure to keep follow-up appointments.
Things You Should Know
Limits on Causes of Action
Congress and the courts, after lobbying by the Drug and Medical Device manufacturers, have severely limited the cases where a person can receive compensation. Our office thoroughly evaluates the different types of cases, what must be present for recovery, then asks potential clients relevant questions to ensure there is a possibility for recovery before we file any action.
Long term medical care and financial compensation
One of the most important aspects of many Dangerous Drug and Medical Device cases is obtaining sufficient compensation to cover all long term care needs. In many cases we will obtain a document called a “Life Care Plan” or a “Continuation of Care” plan that will provide a detailed analysis of likely needed future medical care. We then have an economist evaluate this plan to ensure the adequate numbers are used to cover inflation and future anticipated costs. In some cases will also involve an annuitant to give our client the option of having lifetime payments, payments guaranteed for life.
Lastly, we also provide the ability to structure settlements in a “trust” so that our client can continue to receive government benefits and social security as well as the settlement payments. The economist expert, mentioned above, will also evaluate and calculated lost wages and lost future earnings potential so that we can recover that for our client as well. This money can be included in the annuity, if our client desires, so that the lifetime payments can be increased.