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Pharmaceutical Liability

We Are Not Afraid to Take on Pharmaceutical Companies Whose Defective Drugs Cause Harm

Have you been injured by the very medication that was supposed to make you better?

Most of us use them or have taken over-the-counter drugs and prescription medications for any variety of maladies from headaches and heartburn to serious medical conditions, such as coronary heart disease or depression. Pharmaceutical companies are more than big business, they are among the most profitable sectors in the United States. (According to CNNMoney, one company’s profits rose by a staggering 155,650 percent between 2010 and 2012.) But have pharmaceutical companies put profits ahead of safety?

As Boston personal injury attorneys at Swartz & Lynch LLP, we know that too many people are injured by defective pharmaceuticals. In spite of the testing and clinical trials required before a drug is released to the public, dangerous medications still find their way into the marketplace. In fact, according to a list published by the federal Food and Drug Administration (FDA), more than 30 drugs were recalled voluntarily or otherwise between January 1 and August 31 in 2013 alone.

If you are one of the many people in the United States who has suffered an injury or if your family member was the victim of a wrongful death as the result of a defective drug, our lawyers stand ready to provide the aggressive representation and solid experience needed to pursue a Massachusetts pharmaceutical liability case.

Following are some questions that we typically receive from clients who are seeking solid representation to take on “big pharma” — and the answers to them.

What is pharmaceutical liability?

Pharmaceutical liability is a type of products liability claim. Products liability means that the manufacturer of a good is responsible for compensating people who are injured or die because of a defect in the product sold. If a drug manufacturer sells a defective product, that manufacturer may be held responsible. In some cases, so may the pharmacy and the physician, if they failed to warn you about side effects or drug interaction problems.

What makes a drug defective?

The FDA defines a drug as safe if its benefits outweigh any potential risks when it is used as intended and for the condition it is intended to treat. A medication may be considered defective when that scale is tipped and the risks outweigh the benefits. Other reasons why a drug may be considered dangerous include manufacturing defects, such as contamination or concerns over product sterility assurance.

Which defective pharmaceuticals should I be worried about?

Dangerous drugs can include over-the-counter medications and prescription drugs. You should be careful about herbal products and dietary supplements, especially when they make claims regarding the treatment or cure of a condition or disease in violation of federal law.

Drugs that are currently under scrutiny and that may be considered defective or dangerous include:

  • Accutane
  • Actos
  • Avandia
  • Carboplatin
  • Crestor
  • Cymbalta
  • Fosamax
  • Hydroxycut
  • Levaquin
  • Paxil
  • Pradaxa
  • Xanax
  • Xarelto
  • Yaz and Yasmin
  • Zestril
  • Zocor

What can my attorney do for me?

First and foremost, your attorney can take on the burden of dealing with insurance companies, pharmaceutical giants and their legions of lawyers off your shoulders. As your attorneys, we advise you of your rights and discuss your options. If we can negotiate a settlement that takes into account all of your needs, we do. If it is in your best interests to take your case to court, we are not afraid to do so. In the end, our job and our goal is to obtain the best possible compensation for you — and all of our clients.

Schedule a free consultation with an experienced Boston pharmaceutical liability lawyer

Talk to one of our AV®-rated attorneys at Swartz & Lynch LLP about how you can obtain compensation for your medical expenses, lost wages and pain and suffering related to a defective drug. To schedule a time to meet, please call us at 857-250-0664 or contact an injury lawyer online. Your initial consultation is free, and we take all cases on a contingency fee basis.

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Verdicts & Settlements
  • $26.5 Million

    Negligent Hiring Resulting in Death

  • $9 Million

    Negligent Maintenance of Commercial Truck Tire Causing Blow Out / Motor Vehicle Accident

  • $7.375 Million

    Single Vehicle Accident / Amputee

  • $5.2 Million

    Defective Roadway / Barrier Device

  • $4 Million

    Motor Vehicle Accident / Pedestrian / Loss of Limb

  • $3.5 Million

    Surgical Error

  • $3.2 Million

    Flammable Hair Product

  • $2.8 Million

    Defective Smoke Alarm

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