Ohio Drug Injury Lawyers | Kisling, Nestico & Redick

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Legal Help for the Injured.

Dangerous Drugs and Medical Devices in Ohio

It’s undeniable that prescription drugs and various medical devices save lives. Without treatment, a person with high blood pressure could suffer a stroke that causes lasting brain damage. A person with diabetes can suffer any number of life-altering complications if blood sugar remains too high for too long.

But what happens when a drug causes worse problems than it solves? Some blood pressure medications may keep your blood pressure in the normal range but can cause liver damage. We’ve also seen medical devices, like hip and knee implants, cause painful injuries because they were poorly manufactured. Fortunately, the law may allow you to pursue a civil product liability claim or lawsuit to recover what you need.

Why Choose Our Ohio Drug Injury Lawyers

Holding large companies accountable can be intimidating. But at Kisling, Nestico & Redick, our Ohio personal injury lawyers have extensive experience and a long history of fighting for injured Ohioans. Many of our attorneys have even worked in the insurance industry and know the tactics large drug corporations and medical companies use to avoid responsibility for their mistakes. At KNR, we can anticipate these arguments and build a strong case in your favor.

Let us help you understand your rights and successfully guide you through a drug injury claim or defective product lawsuit.

At KNR, we ask, “what more can we do?”

  • 30 + Attorneys – Over 5 centuries of legal experience.
  • 12 Ohio Offices – KNR is Ohio-wide and eager to help.
  • 100+ Staff – KNR prides itself on being available.
  • 100,000 + People Helped and Millions Recovered – We get results. You get to move on.
  • Zero Risk – Your job is to heal. We handle everything else.

Injured by a dangerous drug or defective device? Call 1-800-HURT-NOW for a free, no-obligation consultation.

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Mass Tort Claims and Dangerous Medications

Cases involving defective drugs and medical devices are usually pursued through mass tort claims. In a mass tort claim, one attorney or a group of attorneys is allowed to represent numerous people who were injured by a particular drug or medical device. However, each person retains his or her own individual claim rather than becoming part of a single claim as in a class action lawsuit.

Mass tort claims allow you to be represented as an individual and to pursue your own case, but also to pool resources with other attorneys and plaintiffs handling similar claims to make litigation more efficient and cost-effective. Because you retain your individual claim, you also retain the ability to come to an individual settlement or verdict in your case that you don’t have to divide among numerous other plaintiffs.

Medical Product and Drug Liability Law

Product liability is an area of law that allows you to make a claim against the manufacturer, designer, or retailer of a product when you’re injured because the product is defective in some way.

There are a few different ways that a product might be defective:

Manufacturing Defect

This is a problem that happens somewhere in the manufacturing process. For example, if a factory where a hip replacement is manufactured isn’t sterile, the replacement joint could be contaminated when implanted in a person and cause an infection with serious consequences.

Design Defect

Sometimes the very way that a product is designed can make it harmful. Harmful side effects of a prescription drug often may be a design defect.

Warning Defect

When a product may be dangerous when used as intended, it should come with a warning for consumers. If a drug manufacturer knows that a drug may have a harmful side effect and fails to include a warning label, this may be a warning defect.

Unlike other personal injury claims, you don’t necessarily need to prove that a manufacturer, designer, or seller was negligent in causing your injury. You may only have to prove that the drug or medical device was defective, and that the defect caused you harm. The same product liability rules can also apply when an injury results from medication errors by a pharmacy rather than a defect in the drug itself.

We Handle ALL Types of Medical Product and Defective Drug Cases

The lawyers at Kisling, Nestico & Redick are prepared to handle a wide range of cases involving dangerous medications or medical devices:

Our Ohio Drug Injury Lawyers Are Close By

Our statewide practice is designed to make going through an injury claim more convenient and accessible for the victims of dangerous medications and faulty medical products. With 12 Ohio locations, KNR is a call or click away.

*KNR also serves Ohio’s rural counties and conducts consultations via Zoom.

Ohio Drug Injury Claims: Common Questions

How Do Defective Drugs Enter the Market?

The truth is that although the Food and Drug Administration (FDA) is responsible for approving prescription drugs that make it to market, they do not test them. Drug testing is conducted by drug manufacturers themselves. After a manufacturer tests a drug, they are required to report their findings to the FDA who will then approve or deny the drug.

Since pharmaceutical companies won’t profit until their drug reaches users, many of them falsify their findings to ensure their drug gets approved. Since the FDA doesn’t have the funding or resources to verify the findings of a manufacturer, they often allow an unsafe drug to enter the market.

Why Bring a Defective Drug Claim?

The law gives you the right to be made financially whole from the harm inflicted on you because of another’s negligence.

When a pharmaceutical or medical device company is required to compensate you for injuries caused by their products, that’s one form of accountability for the company’s negligence or wrongdoing in allowing a dangerous pharmaceutical or medical product to go to market. Such actions will, hopefully, prevent similar harm to others.

What Counts as a Defective or Dangerous Drug in Ohio?

A drug or medical device can be the basis of an Ohio product liability claim when it is unreasonably dangerous because of a manufacturing flaw, a design that makes it harmful even when used as directed, or a missing or inadequate warning about a known risk. That can include a prescription medication with undisclosed side effects, a contaminated batch, or an implant that fails earlier than it should. You generally do not have to show the company was careless, only that the product was defective and that the defect caused your harm.

How Long Do I Have to File an Ohio Drug Injury Claim?

Ohio generally gives you two years from the date of injury to file a product liability or bodily injury claim under Ohio’s statute of limitations (Ohio Revised Code 2305.10). Ohio law also sets a longer outer limit, known as a statute of repose, on most product claims, with limited exceptions such as fraud. Because the exact deadline depends on when your injury was discovered and the facts of your case, it is important to speak with a lawyer early. Waiting too long can permanently bar an otherwise strong claim.

Do I Have to Prove the Drug Company Was Negligent?

Not always. In many Ohio drug and medical device cases, you do not need to prove the manufacturer or seller was careless. You may only need to show that the product was defective and that the defect caused your injury. Ohio also follows a modified comparative negligence rule (Ohio Revised Code 2315.33): if you are found partly responsible, your compensation is reduced by your share of fault, and you are barred from recovering only if you are more than 50 percent at fault.

What Compensation Can I Recover in an Ohio Drug Injury Claim?

Compensation depends on the harm the drug or device caused, but it can include medical bills, lost income, future care, disability or disfigurement, pain and suffering, mental anguish, and loss of consortium. In limited cases, punitive damages may be available, such as when a manufacturer fraudulently withheld safety information from the FDA. There is no reliable way to estimate the value of a claim without reviewing the specific facts with a lawyer.

How Much Does It Cost to Hire an Ohio Drug Injury Lawyer?

Nothing upfront. KNR handles drug injury and defective medical device claims on a contingency fee basis, which means you pay no attorney fee unless we recover compensation for you. The initial consultation is free, so you can understand your options at no risk before deciding how to move forward.

Drugs and Devices in Active Litigation

New drug and device cases emerge as risks come to light, and several products are the subject of active claims around the country. Recent examples include GLP-1 medications such as Ozempic, which have been linked in lawsuits to severe gastrointestinal injuries; Depo-Provera, named in claims alleging a connection to brain tumors; Elmiron, tied to vision-loss claims; and the Paraquat herbicide, connected to Parkinson’s disease claims. These are examples only, and being named in litigation is not a finding that a product is unsafe. If you were harmed by a prescription drug or medical device, we can review whether your situation fits an existing case or a new claim.

Fight for Everything You’re Owed

Drug Injury Damages & Compensation

You shouldn’t be forced to bear the financial cost for the harm done by a defective medical device or medication. Nor should you blindly accept a lowball insurance offer.

You may suffer serious injury or illness and need expensive treatments that wouldn’t have been necessary if the drug or device had worked as it should. At the same time, you may be unable to work because of the effects of the dangerous drug or defective medical device. And that loss of income may be causing you significant stress.

At Kisling, Nestico & Redick will address all your questions and fight to recover all possible compensation for your injuries.

What Damages Are You Entitled To?

Compensation in a drug injury or medical product claim varies considerably based on the injuries and overall harm attributed to the medication or device. These cases are typically resolved through a negotiated settlement or court award, but you may be entitled to recover compensation for:

  • Medical costs and hospital bills
  • Loss of income
  • Disability or physical impairment
  • Disfigurement
  • Pain and suffering
  • Mental anguish
  • Loss of consortium

Under some limited circumstances, it may be possible to obtain punitive damages from a drug manufacturer, such as when the manufacturer fraudulently withheld information from the Food and Drug Administration during the federal approval process for the drug. Many of these claims involve defective medical devices as well as prescription medications.

There is no standard way to accurately estimate a settlement or verdict without speaking to a lawyer about your situation and the unique facts involved.

As one of Ohio’s largest personal injury firms, KNR has helped more than 100,000 people and recovered millions for injured Ohioans, including a $1,487,757 recovery for the family of a patient who died of liver failure after being prescribed the diabetes drug Rezulin. Past results do not guarantee a similar outcome, but they reflect the resources we bring to complex drug and device claims.

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Prefer to talk now? Call 1-800-HURT-NOW to speak with our team any time.

Medical Malpractice

$1,487,757

$1,487,757 For Death Of A Patient Prescribed Rezulin

Our 73-year-old client, who was on long-term disability for silicosis developed liver failure and died after being prescribed…

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What Makes KNR Special?

Serving Ohio for More than 20 Years

Since our inception in 2005, Kisling, Nestico & Redick has been dedicated to helping personal injury victims fight for the compensation they deserve after an accident affects their way of life. We have helped more than 10,000 people, and we’re ready to keep fighting for Ohioans and anyone who deserves compensation for their personal injury claims.

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What Makes KNR Special?

Our Drug Injury Lawyers are Here to Help

If you or a loved one has experienced harmful side effects from a prescription drug or an injury caused by a defective medical device, our product liability lawyers at Kisling, Nestico & Redick have the experience you need to obtain max compensation and justice.

As one of the largest personal injury law firms in Ohio, we have the resources and skills to make pursuing these complex cases more accessible and straightforward.

The Legal Team at KNR Will

  • Investigate, collect evidence, and find those at fault.
  • Interview witnesses, medical professionals, and experts to show how a dangerous drug or medical product impacted your life.
  • Communicate with the company and insurer, clarify liability, and pursue max compensation.
  • Determine your case’s full and fair value, what you lost and will need long-term.
  • Keep you informed and involved. KNR is available by phone, text, email, or Zoom.
  • Protect your rights and, if necessary, take your case to court.
  • Never charge you upfront. If there’s no recovery, there’s no cost.

Hurt by a dangerous drug or defective device in Ohio? Call 1-800-HURT-NOW for a free consultation, available 24/7.