Defective Drugs / Medical Devices

Information you need to know about Defective Drug and/or Medical Device cases

Many commonly prescribed medications that are available today have been recalled due to some type of drug defects.  Generally these defects will cause serious adverse side effects, and sometimes death.  In some cases, the drug companies will be aware of the possibility of a dangerous side, but decide to market the drug anyways.  Drug manufactures have a duty to adequately perform tests to make sure their medicines are safe.

Time is very important when filing a defective drug lawsuit.  The law of Tennessee states that a person has one year from the date that they know or should know they have been injured to file a lawsuit.  However, in cases that involve drugs and medicine, it may take many years for the side effects to become known.  It is important that you consult with an attorney as soon as you are aware of adverse and harmful side effects as a result of a drug.

In some cases a certain drug will be safe for certain people, but harmful to others.  If the drug company has failed to adequately test or label their product, to properly protect the people it will cause harm to, than the company may still be held liable.  These are known as a “failure to warn” case.

Often a drug that has been found to have harmful side effects will affect a large number of people.  Since the amount of people that has been injured is so great many defective drug cases are brought to court as class action cases.  This allows a greater number of people to be compensated for their loss without having to worry about shouldering the responsibility of a lawsuit by themselves.

Watson Burns takes defective cases on a “contingent fee” basis.  This means that the law firm will advance all expenses and costs and accept a percentage of a successful verdict or settlement as payment.  If your case is not successful then you will not have to pay anything. 

Contact us about your legal matter today!