Products Liability
Our law firm helps victims who have been injured by defective drugs and medical devices by fighting to get them compensation for their serious injuries or the loss of their loved ones.
If you or someone you love has been injured by a drug and you believe you might have a claim, call us at 800-553-8082. You can also get more information about your legal options with a free no-obligation consultation online.
What Will Be the Six Biggest Drug Mass Torts Lawsuits in 2025?
We handle many drug injury cases but right now our focus is on five drugs:
In 2024, many victims are filing an NEC lawsuit because of a failure to warn of the necrotizing enterocolitis risk with premature and low birth weight babies in Similac formula and Enfamil formula. This is not technically a drug, but most of these baby formulas are only given in a hospital setting.
Defective/Dangerous Drug Lawyers
Every year the Food and Drug Administration approves new drugs for sale on the market. These drugs are produced by large corporations. The reality is that these companies focus on maximizing the value of the stock for their shareholders which means making as much money as they possibly can by selling as many drugs as they can for the highest possible price.
These drugs may include prescriptions, given to patients by their doctor, or over-the-counter drugs like Advil or Tylenol. The purpose of these drugs is to help us live longer, healthier, and happier. Most drugs on the market do just this. But there are far too many drugs out there that should not be on the market or, as is more commonly the case, should carry warnings so that victims can truly appreciate the risks and decide whether the drug is right for them.
Why Do Drug Companies Not Give An Honest Warning?
Why do drug companies fail to put all of the risks on the package insert? Why not just steer clear out of trouble by just disclosing everything? The reason is profit. When you give patients and their doctors all of the information about how the product can harm or kill, you are going to sell less of that product.
Doctors and patients often have a choice between drugs. Doctors are trying to put their patients on the best possible medication to solve their problem that has the lowest risk profile. If you have a choice you do not pick an unsafe drug over a safer one. If one drug’s label admits to risks that another product does not, the doctor’s call gets a lot easier, and that reflects in market share.
There are cases where the calculus from the drug companies gets cold. Many of these big-profile drugs can withstand legal attacks that force them to pay out millions and even billions of dollars while they keep the medication on the market and continue to make more in sales than they do in litigation costs. It is a wonder there are not more pharmaceutical drug lawsuits.
How Long Does a Pharmaceutical Injury or Wrongful Death Lawsuit Take?
There is no set time limit on how long a drug injury lawsuit will take. But the truth is that time is usually measured in years and not months on most MDL class actions.
How Do I Join a Class Action Lawsuit?
The good news is becoming a plaintiff in a class action lawsuit takes little effort on the part of the victim. You simply call an experienced lawyer who is handling the cases. Most good drug injury law firms will front all the costs and expenses so there is no risk to you.
Does Every Victim Get the Same Amount of Money in a Mass Tort Settlement?
Usually, there is a tier system that groups plaintiffs into different categories based on many factors, most notably, the severity of the injury. So mass tort settlements typically involve grouping similarly situated plaintiffs and paying subgroups the same amount.
The FDA Does Not and Cannot Keep Unsafe Drugs Off the Market
Despite getting approved by the FDA, many drugs are dangerous and placed on the market without sufficient testing. Although the FDA has strict guidelines when it comes to maintaining the safety of drugs, the government is not perfect, and the information they receive from insurance companies is not perfect.
Plus, getting FDA approval does not remove the responsibility of the drug corporations. Often problems with drugs aren’t noticeable until after they have been on the market for a long time, meaning patients and consumers may have taken defective/dangerous drugs for years before knowing about a potential issue or recall.
In these cases, the damage is already done, and the consumer is likely to have already been injured by a defective/dangerous drug. Side effects from such drugs can cause severe injury or even death. So if you or a family member has been injured by a defective drug, you are entitled to receive compensation based on those injuries.
How Do Defective Drug Cases Work?
Defective drug cases are more complex than typical personal injury claims. In lawsuits like car accidents or slip-and-fall cases, expert testimony isn’t always necessary to prove liability.
Defective drug lawsuits are an entirely different animal. You will need specialists and medical professionals to demonstrate how the drug harmed you. While all personal injury cases require proving the defendant caused your injuries, drug cases are more challenging. For example, in a car accident, it is pretty straightforward to show fault if someone runs a red light and hits you. But with defective drugs, you need medical evidence to prove the drug’s impact on your body and the harm it caused. Pharmaceutical companies also have their own experts that are paid a fortune to disprove your claim and argue the company is not liable for your injuries. If you are not fully prepared for the fight, it can turn into a mismatch pretty quickly.
In many defective drug cases, plaintiffs must navigate complex legal arguments around product design, manufacturing defects, or failure to warn. For instance, you may argue that the drug was poorly designed and inherently dangerous, that an error during the manufacturing process made it harmful, or that the pharmaceutical company failed to properly warn users of the potential risks. Each of these claims requires scientific evidence, often including studies, clinical trials, and expert testimony to establish that the drug company is at fault.
Beyond scientific hurdles, these cases are also time-intensive and costly. Defective drug lawsuits often involve extensive discovery, where both sides exchange medical records, internal pharmaceutical documents, and expert reports. Litigation can drag on for years, and pharmaceutical companies have the resources to mount aggressive defenses. They may also offer settlements, but these can be far lower than what’s deserved unless you’re prepared to go to trial.
This is why it’s crucial to have a law firm with the experience and resources to take on large pharmaceutical corporations. Miller & Zois understands the intricacies of defective drug litigation, having handled numerous cases on both sides of the table. With this extensive background, they know how to build a strong case, secure expert witnesses, and fight for the compensation you deserve.
How Do I Make a Drug Injury Claim?
Usually, you are not the only person who has been adversely affected by a bad drug. You may have seen commercials for “class-action” lawsuits against pharmaceutical companies for defective drugs, asking you to join a “class” that is suing the pharmaceutical company.
This is “sort of” right. It is not really a class action. There is rarely a pure class action filed against a drug company for injury and wrongful death claims. What typically happens is that most of these cases end up in federal court because the drug maker defendant is “out-of-state” under federal law.
Because there is a large number of cases, all of the claims are consolidated under one federal judge. So if you file suit in Maryland, for example, your case might very well get transferred to a judge in some other state who is handling all of the claims filed nationally. So instead of a class action lawsuit, what you have is an MDL. Which means the cases are consolidated for a while. But at some point, the cases are returned to their individual states if a settlement cannot be reached.
At this point, the lawyers begin common core discovery. This is depositions, interrogatories, and document productions that relate to issues that are common to all or, at least, a large number of the patients who have brought suit.
After discovery, you often see a few of what are called bellwether trials. What is a bellwether trial? This is where the federal judge who is supervising all of the cases in the MDL holds a trial, maybe a few, to help the parties get a close-up glimpse of the value of these cases.
Everyone can talk tough about how the cases are going to turn out. Defense lawyers are notorious for not being able to imagine losing one of their drug cases. But, ultimately, that often changes pretty quickly when a jury gets a chance to speak. This is why plaintiffs’ lawyers in these cases are in a rush to get to trial and the defense lawyers are usually in full stall mode.
If the cases do not settle after the bellwether trials — though usually, the vast majority of claims do settle by this point — the cases are sent back to their original states for trial. If your case does not settle, it goes to trial. If you win, the amount that you recover is personalized, based on the specific injuries that you have suffered.
- How an MDL works
- Answers to your questions about your claim in the MDL
How to Choose the Right Drug Injury Lawyer
Dealing with the effects of bad drugs is stressful and daunting. As a result of the pharmaceutical corporations, you may have suffered a significant injury, had to undergo surgery, or have even lost wages because of missed work.
Miller & Zois realizes the immense burden placed upon individuals who have been affected by a bad drug. Whether your case stems from a recall, a corporation’s failure to warn about possible side effects or general harm caused by a defective drug, if you believe you have a defective/dangerous drug claim, call 800-553-8082 or get a free online consultation.