Types of Pharmaceutical Litigation
Types of Pharmaceutical Litigation
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Types of Pharmaceutical Litigation

Pharmaceutical companies often rush products to market without thorough testing or looking for potentially dangerous side effects. Others deliberately hide the dangers of their products in the interest of profit. This behavior is unacceptable and could entitle you to financial compensation. If a dangerous or defective drug injures you, pharmaceutical litigation may help with medical bills, lost income, pain and suffering, and more.

At Dunn Sheehan, our pharmaceutical litigation lawyers have extensive experience with class action and product liability lawsuits. We can fight against powerful pharmaceutical companies who want to deny you the compensation you deserve. We are well-versed in all types of pharmaceutical litigation and are ready to help you with your case.

What Is Pharmaceutical Litigation?

Thousands of people are harmed every year by negligent pharmaceutical companies. Many even lose their lives from defective medications or dangerous medical devices. Pharmaceutical litigation is a legal claim against a drug manufacturer to hold that company financially liable for the damages they caused to your health, finances, and life.

A pharmaceutical litigation attorney pursues compensation for you by:

  • Scheduling a consultation on your case.
  • Investigating the cause of your injuries.
  • Working with medical professionals and experts to prove how the pharmaceutical product harmed you.
  • Determining what type of pharmaceutical drug or personal injury lawsuit to file to get the best results.
  • Negotiating with defendants and insurance companies for a generous settlement.
  • Taking your case to trial to win financial compensation if necessary.

Types of Pharmaceutical Lawsuits by Litigation Strategy

Picking the right litigation strategy is vital to a successful lawsuit. With pharmaceutical industry lawsuits, one of two primary strategies is likely right for your case: a class action or a product liability lawsuit.

Class Action Lawsuits

A class action lawsuit is a type of legal claim where multiple injured parties — known as plaintiffs — join together in a single case against a pharmaceutical company. This group of plaintiffs is called a "class." This form of litigation helps courts manage lawsuits with numerous injured parties rather than individual claims, which could overburden the court's docket.

Class action lawsuits also benefit the individual members of the class. A class action will seek compensation on your behalf — but without the type of direct involvement necessary for an individual claim. Joining a class action may be appropriate when:

  • Your claim is similar or identical to many other injured plaintiffs.
  • Your damages are similar to other injured plaintiffs.
  • You want to join with others to fight against a powerful pharmaceutical company.
  • You want to reduce litigation costs.

Choosing whether to file an individual claim or join a class action lawsuit is a decision you should make only after consulting an experienced pharmaceutical litigation law firm.

Product Liability Lawsuits

A product liability lawsuit is an individual claim against a pharmaceutical company. This civil claim alleges that the drug manufacturer's product was somehow defective. It also alleges that the defect caused your harm.

An individual product liability claim may be appropriate when:

  • Your case is unique or uncommon.
  • Your injuries are especially serious or different from many others.
  • You prefer to seek your own compensation.
  • Your attorney determines this is the better legal strategy to win you compensation.

Types of Pharmaceutical Claims by Issue

There are two primary issues regarding pharmaceutical litigation: defective drugs and dangerous drugs. 

Defective Drugs

A defective drug lawsuit is appropriate when a prescription or over-the-counter drug is improperly designed or manufactured. Defects in the drug's creation can cause substantial harm that significantly affects your life.

  • Defective design: Some medications are inherently flawed because of their design. This means the pharmaceutical company failed to plan or design the medication to work as intended. Some error in the plan is what makes the drug defective. Even if the company follows its plan in the manufacturing process, the drug will still be defective and cause harm.
  • Manufacturing defects: Another defective drug lawsuit is appropriate when a defect occurs in the drug's manufacturing process. Even if the medication is designed correctly, the errors in how it is made cause your injury. This could include employee errors, dirty manufacturing conditions, mechanical problems, or issues with the drug's ingredients during manufacturing.

Proving a defective drug lawsuit typically requires expert testimony. The right pharmaceutical litigation attorneys have a team of experts ready to investigate your case and find the evidence you need to win compensation.

Dangerous Drugs

Some medications are dangerous even when they are not defective. This means the drug was designed correctly and, in many cases, even manufactured appropriately. Instead, what makes the drug dangerous are its unintended side effects. 

Most medications have side effects — this is normal and expected. However, some medications have extreme and dangerous side effects that can cause serious harm. You may be entitled to compensation in these situations.

Another common issue in dangerous drug cases is the pharmaceutical company's failure to warn of known side effects. Many drug companies negligently or intentionally decide not to disclose the side effects of their medications. They do this to get Food and Drug Administration (FDA) approval and increase profits. These companies sacrifice your safety and the safety of others to prioritize their bottom line.

Sadly, this is a common experience for many people who have suffered severe and unexpected harm from a medication. If the drug company chooses to ignore or deliberately hide the dangers of its medication, you may be entitled to significant financial compensation for your injuries.

Find Pharmaceutical Litigation Lawyers With Extensive Experience

You can take a stand against drug companies with a pharmaceutical lawsuit. You do not have to be afraid to challenge these big companies. At Dunn Sheehan, we have won millions of dollars in product liability and pharmaceutical litigation cases for our clients. Our team is not afraid to go up against these big companies that prioritized their profits over your health.

We know what you are going through and how to help. Schedule a consultation today to learn what we can do for you.

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