New Orleans Drug Recall Lawyers | New Orleans Drug Injury Lawyers Medical Device Lawyers
New Orleans Drug Injury Lawsuits & New Orleans Dangerous Drug Lawyer
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. New Orleans residents take prescription and over-the-counter drugs daily and suffer from a variety of unnecessary, drug-related side effects. A Louisiana 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 Southeastern Louisiana 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 Louisiana and across the country are commonplace and NOLA dangerous drug injuries are often overlooked. If you are a victim of a dangerous drug or medical device, contact a Louisiana drug injury attorney or New Orleans 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 New Orleans 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 New Orleans, Louisiana drug injury lawsuits and medical device cases?
New Orleans and Southeast Louisiana 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 New Orleans area drugstore such as CVS or Walgreen's.
If you or a loved one has suffered an injury and you believe that a dangerous drug or medical device is to blame, contact a NOLA drug recall attorney today.
Additionally, in Louisiana, when a family member dies from a defective drug or medical device, it may be possible for family members to recover damages. There is also a possibility of family members recovering damages when a drug leaves a parent, spouse, or child unable to work, perform household duties, or be physically intimate.
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 this website. Also make sure to contact an experienced New Orleans 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, the company can be held liable for medical expenses, therapy and treatment, lost income, and non-economic damages, such as pain and suffering, if the drug is responsible for causing the harm.
Serious side effects related to the use of dangerous prescription drugs include:
- Heart attack
- Bone fractures
- Psychological imbalances
- Birth defects
- Kidney failure
- Cardiovascular problems
- Stevens Johnson Syndrome
- Sleepwalking, sleep-driving, and amnesia
- Multiple Sclerosis
If you or a loved one has experienced a serious side effect, such as one of those listed above, as a result of an unreasonably dangerous drug or medical device, you are entitled to compensation from the manufacturer. Contact a local Louisiana products liability attorney today.
The following is a list of dangerous drugs that may have harmed you or a loved one:
The following dangerous or defective medical devices are also responsible for New Orleans injuries or Wrongful Deaths:
This list is by no means exclusive. If you or a family member has suffered a serious reaction or death due to a dangerous drug or medical device, you might be entitled to compensation from the company that markets and manufactures the drug. Contact a New Orleans drug recall attorney or Southeastern Louisiana drug recall attorney today to help you protect your rights.
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 the use of a 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 many 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 New Orleans, LA 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 or another party.
What are the ways New Orleans residents can bring lawsuits for Defective Drugs or Medical Devices?
New Orleans drug injury lawsuits may be brought in three different ways:
(1) individually, in Orleans Parish District Court;
(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 New Orleans, Louisiana class action lawsuits, and multi-district litigation suits involving dangerous drugs and devices. Louisiana 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.
New Orleans Drug Class Actions
Class action cases are cases where a large group of people all sue the same drug manufacturer or other defendant. 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, yet still reap a portion of any award at the conclusion of the trial. Many Louisiana lawyers have handled large class actions lawsuits in the past and have the experience required to get you the justice and compensation 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. Section 1447. Examples of MDLs pertaining to drugs include:
(1) Bayer Aspirin
(2) Epogen & Aranesp
(3) Vytorin & Zetia
If an MDL has been formed pertaining to your particular drug, it is essential that you retain a lawyer that actively practices in federal court and is familiar with the very specialized practice in MDL. New Orleans products liability attorneys are experienced in handling MDL cases 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 potentially liable for injuries and illnesses caused by the defective drug or medical device. New Orleans drug injury lawyers will identify and pursue claims against all potentially liable parties.
Requirements to make a claim for Louisiana defective drug injuries & New Orleans 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 such products. Obviously, if it was a prescription medication, proving that you took it is much simpler;
(2) You need to show that the drug or device caused a physical injury or illness (including psychological and/or mental illness) to a person as the result of a defect in the medication 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 defective drug litigation attorneys listed at the top of this page.
(4) Louisiana does not allow "Market Share Liability." In other states, Market Share Liability allows a plaintiff to sue any manufacturer of a dangerous drug, whether that manufacturer actually supplied the medicine taken by the patient or not. In Louisiana, the patient can only sue the manufacturer which actually provided the drugs. This can be a problem with older drugs, as the manufacturer may no longer be in business.
Contact a New Orleans Defective Drug lawyer for an initial free consultation.
How can a New Orleans Drug Recall Attorney or New Orleans Defective Medical Device Attorney help you?
An experienced lawyer can help you recover the money you deserve. Louisiana law limits the amount of time you have to file a lawsuit under something known as a period of prescription. After the applicable time period has passed, you may be legally barred from exercising your rights. In Louisiana, the period of prescription, one (1) year, begins on 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, it is in your best interest to contact a New Orleans 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 Louisiana's one year period of prescription 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
HELPFUL LINKS & OTHER INFORMATION:
FDA site for Defective Medical Devices & Center for Devices and Radiological Health (CDRH)
FDA Contact Information
Food and Drug Administration
FDA New Orleans District Office
Victims of New Orleans Drug & Medical Device Defects may need to seek medical attention, or may have been treated in one of the many area hospitals. Below is a list of some Greater New Orleans hospitals and their locations, as well as a map of hospitals and some local New Orleans pharmacies where you may have received a defective pharmaceutical or over-the-counter drug.
Hospitals in the greater New Orleans area:
CHILDRENS HOSPITAL (200 HENRY CLAY AVE.)
New Orleans Hospitals
New Orleans Pharmacies
If you have been hurt by a dangerous or recalled drug, contact a New Orleans Dangerous Drug Lawyer!
Louisiana defective drug lawyers practice in Southeast Louisiana, including Algiers, Alma, Bridge City, Chalmette, Destrehan, Elmwood, Gretna, Harahan, Harvey, Kenner, Lulin, Maraux, Marrero, Metairie, Mt. Airy, New Orleans, River Ridge, South Kenner, Slidell, St. Benedict, St. James, St. Rose, Terrytown, Westwego, and other communities in Jefferson Parish, Orleans Parish, St. Bernard Parish, and the French Quarter.
To find a New Orleans Defective Drug Lawyer, consult the list of qualified New Orleans personal injury attorneys at the top of this page.