A class action was successfully pursued against a pharmaceutical company for its failure to properly label its medication with a warning indicating an increased chance of developing cancer.
General Class Action Information
What Are Class Action Lawsuits?
Class action lawsuits are a legal procedure that allows a large group of people with similar grievances against a corporation or large institution to file a lawsuit together. Instead of each individual filing a separate lawsuit, class action lawsuit attorneys file the lawsuit on behalf of the larger group. This large group is known as the “class”.
Class actions are designed to provide a more efficient way for individuals who have suffered harm to seek justice. Instead of filing a single lawsuit, taking collective action makes it more feasible to pursue legal action against a powerful defendant. Class actions are often filed because of consumer fraud and false advertising. If you’ve suffered an injury as a result of improperly labeled medication, give me a call today. With strength in numbers, we can work to file a class action lawsuit to make those responsible for harming you, pay! Corporations should never put greed ahead of consumer safety.
How To Join A Class Action Lawsuit
Eligibility determination
Specific injury criteria are established for every class action suit. For instance, if you were exposed to harmful chemicals and were stricken with bladder cancer, it does not automatically mean you can be a class action member. The criteria for the example above may only compensation individuals who suffer from pancreatic and lung cancer. If you believe your injury or illness qualifies you as a member of a class action lawsuit, call me! We can meet anytime and any place to discuss your claim and determine your eligibility. If you are eligible to join the lawsuit as a class member, I will walk you step by step through the legal process to ensure you are properly compensated.
Stay informed
It is very important to stay informed about class action claims by routinely checking for class action case updates. Claims against large companies do not settle overnight. There may be new information about the class actions, months or years after first learning of the lawsuit. I will always keep you abreast of the case.
File a claim (if required)
Some class action settlements may require you to file a claim to receive compensation. If a claim is required, make sure to submit it before the deadline or you will be ineligible. Class action lawsuits are complex, and your chances for compensation are best when working with an experience class action attorney, such as myself. You shouldn’t go this alone!
Await the outcome
If you meet eligibility requirements and have joined the lawsuit, you must await the outcome. If the class action lawsuit against the defendant is successful, you will be entitled to compensation. All eligible class members will be compensated, however the compensation amount may vary.
How Are Class Action Lawsuits Paid Out
Class action lawsuits are typically settled by the defendant company paying out a settlement amount to the members of the class. This happens after a settlement agreement is submitted to the court for preliminary approval. Class members typically receive payment about six to nine months later. The payment to each class member depends on various factors, such as the number of members in the class. Also determined will be the extent of their damages, the terms of the settlement agreement, and other factors.
Pharmaceutical Class Action Lawsuits
There have been several successful class action lawsuits against pharmaceutical companies in recent years. Here are some examples:
-GlaxoSmithKline
In Grair v. GlaxoSmithKline, a lawsuit was filed against the pharmaceutical company alleging that it had failed to properly warn consumers about the risks of its antidepressant medication, Paxil. The plaintiff in the case claimed that she had suffered serious injuries as a result of taking the drug. The class action lawsuit was ultimately settled when the pharmaceutical company agreed to pay $1.5 billion in criminal fines and civil settlements.
-Abbott Laboratories
In D.W.K. v. Abbott Labs, a class action lawsuit was filed against the pharmaceutical company alleging that it had failed to properly warn consumers about the risks of its epilepsy medication, Depakote. The plaintiffs in the case claimed that the drug caused birth defects and their children were harmed. The company ultimately settled for $1.6 billion.
-Natrecor
In USA v. Scios, Inc., a lawsuit was filed against the pharmaceutical company alleging that it had engaged in off-label marketing of its heart failure drug, Natrecor. The government claimed that the company had encouraged doctors to use the drug in ways that were not approved by the FDA. The case was ultimately settled for $32 million..
Effects Of Mislabeling Drugs
Mislabeling of drugs by a pharmaceutical company can have serious consequences for patients who take those drugs. As an attorney with more than 40 years of experience in class action cases, I can help you! Call me to discuss your class action injury claim.
Adverse reactions
If a patient takes a mislabeled drug, they may experience adverse reactions or side effects that can be harmful or even life-threatening. The FDA notes that a side effect is considered serious if it results in hospitalization, disability, permanent damage and death.
Delayed treatment
While a mislabeled drug can cause adverse reactions or side effects, it ultimately may cause a delay in the proper and necessary treatment for the patient’s specific condition. This can have serious consequences for patients who need prompt medical attention.
Lack of efficacy
In some cases, a mislabeled drug may not work as intended, leading to a lack of efficacy in treating the patient’s condition. This can result in prolonged illness or even worsening of the patient’s condition.
Adverse Reactions To Mislabeled Drugs
Allergic reactions
Patients may experience allergic reactions to mislabeled drugs, which can range from mild rashes to more severe symptoms like difficulty breathing or anaphylaxis.
Toxic effects
Mislabeled drugs may contain higher than intended amounts of active ingredients, leading to toxic side effects like kidney damage and liver damage. It can even result in nerve injury that may impair vision or hearing.
Drug interactions
Mislabeled drugs may interact with other medications the patient is taking, leading to adverse reactions or unexpected side effects.
Other adverse effects
Patients may experience other adverse effects from mislabeled drugs, such as anemia, low white blood cell count, or bleeding.
It is extremely important for medications to be labeled correctly for dosage and active ingredients. Improperly labeled medications can have devastating results. If you suspect this has happened to you or someone you love, you need to call me today. I’ll Make Them Pay!®
Why Medication Could Increase Risk Of Cancer
Here are five possible reasons why a medication may increase someone’s risk of cancer:
- Disruption of DNA replication: Some medications can interfere with the replication and repair of DNA, which can increase the risk of genetic mutations that can lead to cancer.
- Suppression of the immune system: Certain medications can suppress the immune system, which can increase the risk of infections and the development of cancer. This is particularly true for people who take immunosuppressive medications for autoimmune disorders or after an organ transplant.
- Hormonal effects: Some medications, particularly those that affect the hormones, can increase the risk of certain types of cancer. For example, some hormonal therapies used for breast or prostate cancer can increase the risk of other types of cancer.
- Direct carcinogenic effects: There are medications that have been found to have direct carcinogenic effects, meaning that they can cause cancer. This is particularly true for some chemotherapy drugs.
- Prolonged use: Taking certain medications can increase the risk of cancer if used for a prolonged period of time. Most often, those that are used for chronic conditions, such as some anti-inflammatory drugs.
It’s important to note that the association between a medication and increased risk of cancer may depend on several factors. These include the patient’s medical history, age, and other medications they may be taking.
Class Action Lawsuit Attorney
When a pharmaceutical company focuses more on economic returns than the care their patients deserve, people suffer. In such cases, collective action needs to be taken to remind drug makers of what is most important – the health of the people. For more than 40 years as an attorney, I have made it my mission to act in the best interests of my clients to ensure they are properly compensated for their injuries. Purposely mislabeling drugs that hurt people instead of helping them must end. If you have a potential claim, give me a call and I’ll Make Them Pay!®
