10 Frequently Asked Questions in Personal Injury Cases
Posted in: Personal Injury
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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.
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?”
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.
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:
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.
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.
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 lawyers at Kisling, Nestico & Redick are prepared to handle a wide range of cases involving dangerous medications or medical devices:
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 & conducts consultations via Zoom.
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
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.
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Fight for Everything You’re Owed
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.
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:
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.
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.
Our 73-year-old client, who was on long-term disability for silicosis developed liver failure and died after being prescribed…
What Makes KNR Special?
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.