Wilmington Drug Injury Lawyers & Wilmington Medical Device Lawyers

Wilmington Drug Injury Lawsuits & Wilmington Drug Recall Lawsuits

As a nation, we rely upon pills to “fix” whatever it is that ails us — from heartburn to allergies, high blood pressure to arthritis, and insomnia to restless leg syndrome. The drug companies invest billions of dollars into research each year, developing and marketing drugs for consumer use. Last year alone, the pharmaceutical industry invested some $12.6 billion in new drug development. And, historically, the amount invested in drug development has doubled every five years. This can be a good thing. Sometimes, however, the “push” by the manufacturer to get a drug onto the market can cause health problems for unknowing consumers, often much more serious than the ailment the drug was being used to treat in the first place.

Wilmington residents take prescription and over-the-counter drugs each day and suffer from a variety of unnecessary, drug-related side effects. It is in these situations that a Wilmington drug recall attorney can help you.

Dangerous and defective drugs are rampant on the market, primarily due to the large pharmaceutical companies that release risky drugs in the hopes of turning a profit. Over the past two decades, these companies have put increasing pressure on the Food and Drug Administration (FDA) to grant approvals faster and to implement less stringent testing processes. Of course, there are official channels and federal regulations that these companies must comply with in order to release their drugs, but the FDA will still approve a drug as long as its dangerous side effects are relatively rare.

Unfortunately, sometimes when the FDA approves a drug it is later discovered that it causes many more medical problems and harmful side effects than initially projected. In fact, the FDA itself has admitted that not all serious adverse reactions to prescription drugs are documented when drugs it approves hit the market. Consumer Reports found that one out of every six Americans has experienced a prescription drug related side effect serious enough to require medical treatment in a hospital. Imagine if one out of every six of your friends or family members in Wilmington, Ohio were hospitalized due to adverse reactions to their medications!

Occasionally, pharmaceutical companies end up recalling drugs when the side effects and complications are too dangerous. Other times, however, the drugs are never recalled at all. The result is that injuries and ailments both in Ohio and across the country are commonplace and Wilmington dangerous drug injuries are often overlooked. If you are a victim of a dangerous drug or medical device, contact a Wilmington drug injury attorney or Wilmington medical device lawyer today for a consultation regarding your legal rights.

What is the process for the Food & Drug Administration (FDA) for allowing a drug to be sold? Is there a similar process for medical device approval?

The FDA approval process occurs toward the end of the drug development process. This means that the drug manufacturer has already invested a lot of money before the FDA ever sees the potential drug and, if it is not approved, the manufacturer will lose a significant amount of money. These companies are “for profit” companies and they will do almost anything to get their drugs approved. Finally, the FDA, like all governmental units, is always under-funded. Thus, the FDA actually looks to the drug manufacturing companies to provide money and research assistance to reach its conclusion on the safety of the drug. This poses a very real conflict of interest that can ultimately prove harmful — even lethal — for Wilmington consumers.

For a medical device to be marketed to consumers, it must first be approved by a division of the FDA known as the Center for Devices and Radiological Health (CDRH). This agency is responsible for testing and approving every medical device to ensure that it will be safe and effective for consumers to use. The FDA may request a voluntary recall by the manufacturer or issue one itself if the device is found to be unreasonably dangerous or defective; however, as with dangerous drugs, many devices are introduced into the market that end up causing excruciating pain and suffering, or even death, to consumers.

Who brings Wilmington, OH drug injury lawsuits and medical device cases?

Wilmington and Wilmington County drug injury lawsuits and medical device cases are brought by persons when a dangerous drug causes them injury. Usually, the product is known to be potentially dangerous and is sold without a proper warning to the consumer. It does not matter if the drug is received via prescription or over-the-counter in a local Wilmington area drugstore. If you or a loved one has suffered injury and you believe that a dangerous drug or medical device is to blame, contact a Wilmington drug recall attorney today.

Additionally, in Ohio, the spouse of a person injured by a dangerous drug or medical device may bring a loss of consortium claim for any damages to their marital relationship resulting from the dangerous drug or device. A loss of consortium claim encompasses a broad spectrum of damages, including loss of love, affection, support, companionship and sexual relations. Thus, spouses may also wish to speak with a Wilmington drug recall lawyer if their loved one was injured or died as the result of a dangerous drug or device.

If you would like to report a problem regarding an FDA-regulated product or device directly to the FDA, please visit and follow the reporting procedure at the FDA website. Also make sure to contact an experienced Wilmington drug injury attorney regarding your legal rights.

What are the duties of a drug manufacturer or pharmaceutical company regarding the safety of their products?

The obligation of a drug manufacturer is to make a safe product. This includes the obligation to design, manufacture, inspect, and label a drug or medical device product appropriately. They must provide patients and physicians complete safety information about their product. If a drug manufacturer fails to warn the public about any serious side effects associated with taking its drugs and the drug is responsible for causing you harm, then the company can be held liable for medical expenses, therapy and treatment, lost income, and non-economic damages, such as pain and suffering.

Serious side effects related to the use of dangerous prescription drugs include:

• Stroke
• Heart attack
• Bone fractures
• Psychological imbalances
• Hallucinations
• Birth defects
• Kidney failure
• Cardiovascular problems
• Stevens Johnson Syndrome
• Sleepwalking, sleepdriving, and amnesia
• Tuberculosis
• Multiple Sclerosis
• Death
• Suicide

If you or a loved one has experienced a serious side effect as a result of an unreasonably dangerous drug or medical device, you are entitled to compensation from the manufacturer. Contact a local Wilmington products liability attorney today.

Drug related injuries are caused by:

1. Drugs sold without warnings as to the hazards of use with certain other drugs;
2. Drugs sold with side effects; and
3. Drugs sold that tend to cause long term use, or withdrawal symptoms that occur when trying to reduce the dosage or quit using the drug altogether.

Types of Drug Labels and “Black Box” Warnings

A black box warning is a type of warning that appears on the package insert for prescription drugs that may cause serious adverse effects. It means that medical studies indicate that the drug carries a significant risk of serious or even life-threatening adverse effects. The FDA can require a pharmaceutical company to place a black box warning on the labeling of a prescription drug, or in literature describing it. It is the strongest warning that the FDA requires. These so-called “black box” warnings have even been placed on anti-depressants for children, since an alarming number of children have committed suicide while taking anti-depressants.

Also, the FDA has supplied guidance on what should be included as to drug reactions, and how adverse reactions should be presented in drug warnings. A Wilmington, OH drug recall lawyer can advise you on whether a proper warning is present on a drug you have taken and whether you may have a claim against the manufacturer

What are the ways Wilmington, Ohio, residents can bring lawsuits for Defective Drugs or Medical Devices?

Wilmington drug injury lawsuits may be brought in three different ways:

1. individually, in Clinton County Municipal Court or the Clinton County Court of Common Pleas;
2. as a group, through Drug Injury Class Action lawsuits; or,
3. as a group, through Multi-District Litigation.

See below for more information on Wilmington, Ohio class action lawsuits and multi-district litigation suits involving dangerous drugs and devices. Wilmington drug recall attorneys are some of the best in the nation and are able to bring multi-district or class action lawsuits in defective drugs cases.

Wilmington Drug Class Actions

Class action cases are cases where a large group of people all sue the same drug manufacturers. Most of the patients involved are able to be much less engrossed in the trial process than is necessary during a typical personal injury claim. Many Ohio lawyers have brought large class actions suits before and have the experience required to get you the justice you deserve.

Multi-District Litigation (MDL) Drug Lawsuits

Often, drug manufacturers will try to consolidate many individual lawsuits that are filed in various areas of the country into one central region of the country. This request is made under 28 U.S.C. § 1447. Examples of MDLs pertaining to drugs are:

1. Bayer Aspirin
2. Epogen & Aranesp
3. Vytorin & Zetia
4. Trasylol
5. Avandia
6. Mirapex
7. Fosamax
8. Seroquel

If an MDL has been formed pertaining to a drug that you took and from which you may have suffered adverse effects, it is essential that you retain a lawyer that actively practices in Federal Court and is familiar with the very specialized practice in MDL. Wilmington products liability attorneys are experienced in handling MDL and complex class actions lawsuits.

Who may be Liable for a Drug Injury or Medical Device Injury?

The designer, manufacturer, and others involved in the chain of commerce, including the distribution of the products that caused the injury or illness, are often held liable for injuries and illnesses caused by the defective drug or medical device product. Wilmington drug injury lawyers will identify and pursue claims against all potentially liable parties.

Is Product Liability Law governed by Ohio Law or Federal Law?

As stated throughout this website, most product liability law is governed by the laws of Wilmington. However, sometimes state law can be preempted by federal law. In short, federal preemption is the application of the Supremacy Clause of Article VI of the United States Constitution. This Article provides that:"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwithstanding." What this means is that when Congress has enacted a law, the States cannot then go and enact a contrary law. If they do, then the state's law is deemed preempted and unconstitutional. On occasion, the federal government will move to preempt an entire area of product liability law from state control in order to protect a certain group of manufacturers. This occurred in 1998 when congress enacted the Federal Biomaterials Access Assurance Act 21 U.S.C.A. §§ 1601-1606. The Federal Biomaterials Access Assurance Act was designed to protect the suppliers of materials for implantable medical devices from frivolous or unwarranted lawsuits. Under the Federal Biomaterials Access Assurance Act a biomaterials supplier may only be held liable in three situations: (1) when the supplier is a manufacturer of medical implants under the act; (2) when the supplier is a seller of medical implants; or (3) when the supplier sold materials that did not meet contractual specifications of the manufacturer.

In March of 2009, The Supreme Court of the United States solidified its stance regarding federal preemption in Product Liability law when it announced its decision in Wyeth v. Levine, 129 S. Ct. 1187, (2009). In this case, the Supreme Court held that product liability claims made under state law were NOT preempted by federal law. In a 6-3 decision, the court rejected a pharmaceutical company's argument that state law claims were preempted by federal law because it was impossible for Wyeth Pharmaceutical Inc. to comply with both sets of laws. In particular, the Court made a point of noting that the there was no evidence that the particular risks at issue with this product had actually been considered by the FDA and that the defendant had thus failed to show that there was an actual conflict between FDA regulation and the state law tort suit.

In Wyeth, the pharmaceutical company labeled its product Phenergan, complete with warnings and instructions about use, in compliance with federal standards. However, this was not the same standard that was required under Vermont's state regulations. As a result of using the product, professional musician Diana Levine developed gangrene because of the product's injection and had to have part of her right arm amputated. Levine's suit said the drug's labeling should have forbidden the quicker acting IV injections of Phenergan because of the risk of injury. Had the FDA considered the risks associated with this type of product and injury, the Court may have ruled differently.

Why the Increase in Preemption Arguments?

Simply put, states try to make laws that protect their own citizens. The federal government's standards can often times be less stringest, and if the case went before federal court, chances are the consumer would lose. As one law professor has put it, "The increase in preemption arguments since the early 1990s surely resulted in part from product manufacturers and other litigation targets trying to get out from under the “weight,” perceived or real, of large-scale tort litigation. The occasional tort claim in the face of federal regulation never seemed to generate much preemption interest until truly large-scale tort litigation became the norm after the explosion in asbestos cases in the 1980s and 1990s. Traditional analysis of the preemptive scope of most federal regulation had not resulted in findings of preemption until then; indeed very few such arguments had been made."

A Wilmington City, Ohio product liability lawyer can help with even the most complicated claims and make sure that a preemption argument doesn't go unchallenged.

When President Obama took office, one of the most important actions that he performed was to reverse eight (8) years of the Bush Administration's assault on the rights of individuals to seek justice from corporations that had placed profits in front of corporate responsibility in decision making. He entered a Presidential Order reversing governmental preemption by almost every department of the federal government.

Steps to make a claim for Wilmington defective drug injuries & Wilmington defective medical device injuries:

1. You must be able to prove that you took the drug. If it was purchased over-the-counter, then a receipt or a credit card statement would do. Sometimes it can take years to discover that a medication could be dangerous or otherwise defective, and this typically occurs after several people have already suffered debilitating injuries or wrongful death due to their use of the product. Obviously, if it was a prescription medication, proving that you took it is much simpler, but you should always do your best to document and record all pertinent evidence relating to your use of the drug and the effects that you suffered as a result;
    
2. You need to show that the drug or medical device caused a physical injury or illness (including psychological and/or mental illness) as the result of a defect in the medication or device, or its labeling;
    
3. If you or a loved one has been injured or has fallen ill due to what you believe is a defective drug product or device, do not delay in seeking immediate medical attention, as prompt diagnosis and treatment may help to avoid irreparable damage. It is also important to take immediate legal action, as restrictive Statutes of Limitations can prevent you from collecting the compensation to which you are entitled. Successful defective drug litigation sends a clear message to the pharmaceutical industry about accountability and consumer safety. For more information, contact one of the skilled Wilmington defective drug litigation attorneys listed at the top of this page.

How can a Wilmington Drug Recall Attorney or Wilmington Defective Medical Device Attorney help you?

An experienced lawyer can help you recover the money you deserve. Ohio law limits the amount of time you have to file a lawsuit under something known as a Statute of Limitations. After the applicable time period has passed, you may be legally barred from exercising your rights. In Ohio, the limitations period is two (2) years from the date that the cause of action accrues, which is usually the time of injury. If you or a loved one has experienced a severe adverse reaction to a prescription or over-the-counter drug, or to a medical device, it is in your best interest to contact a Wilmington personal injury attorney who will fight to get you the settlement you deserve. Contact one of the attorneys listed at the top of this page for a consultation regarding your injury before Ohio’s two-year limitations period expires and your right to financial compensation has been forfeited!

Successful defective drug and medical device litigation sends a clear message to the pharmaceutical industry about accountability and consumer safety.  A qualified defective drug lawyer can uncover all of your legal rights and discuss your litigation options with you.

Some of the courts in which a Wilmington County Defective Medical Device law firm may file your case:

Personal Injury Attorneys Serve Wilmington and Surrounding Cities

Serving clients throughout Southwestern Ohio, including Beavercreek, Carlisle, Centerville, Cincinnati, Columbus, Dayton, Delhi, Fairborn, Fairfield, Florence, Forest Park, Gahanna, Goshen, Hamilton, Highland Heights, Hillsboro, Huber Heights, Independence, Kettering, London, Mason, Miami Heights, Middletown, Mount Orab, New Moorefield, Norwood, Pickerington, Piqua, Reynoldsburg, Springfield, Trotwood, Upper Arlington, Urbana, Westerville, Wilmington, Xenia, and other communities in Clinton County.

Don’t be a victim any longer. Contact a Wilmington County personal injury attorney today for a FREE INITIAL CONSULTATION.