Pharmaceutical Injury Lawyers in San Francisco

Injured By Pharmaceutical Negligence in the Bay Area?

The overall goal of pharmaceutical drugs is to increase the health of patients and alleviate their symptoms. While the health industry has come a long way over the years, the reality is that many of these “helpful” products are actually quite the opposite. Countless consumers suffer each year as a result of dangerous drugs marketed by trusted companies. If you are facing similar circumstances, you are not alone.

The San Francisco pharmaceutical drug injury attorneys at Rouda Feder Tietjen & McGuinn are equipped to file a product liability lawsuit on your behalf and have proven success doing so. We want to fight for what you deserve and, with awards and experience backing us up, we believe we’re a team you can fully trust.

Contact our team at (415) 940-7176 for a FREE review.

How Do I Know If I Have Grounds to File a Claim?

Depending on your circumstances, you may be able to file one of two claims. The first is a claim that only involves your own injuries and doesn’t involve any other plaintiffs. The other option, referred to as a class action lawsuit, involves multiple people all suffering due to the same pharmaceutical drug.

Grounds for filing a claim are generally based on three different factors:

• The drug was defectively manufactured
• The drug has dangerous side effects
• The drug was improperly marketed

The above factors will generally dictate who is at fault for your injuries, which may include multiple parties. Drug manufacturers, doctors, and pharmacists all have a responsibility to keep people safe. However, each year, thousands of patients suffer harmful side effects from defective and dangerous drugs.

Possible Defenses to Pharmaceutical Lawsuits

Some drugs are considered “unavoidably unsafe” products, which means that they cannot be made completely safe no matter how carefully they are manufactured. Such drugs may have potentially harmful side effects, but may be beneficial to the user nonetheless. If such drugs are properly prepared and accompanied by adequate warning labels, they usually cannot form the basis of a successful pharmaceutical injury lawsuit.

Additionally, a drug manufacturer has a duty to warn of the side effects of a drug when such effects become apparent, but is not expected to warn of unknown dangers. Often, the manufacturer discharges this duty by providing the necessary information to the patient’s prescribing physician or to the pharmacist.

Still, the drug manufacturer has a continuing duty to keep abreast of knowledge regarding its products and take all reasonable steps to update medical professionals on their potential adverse effects. There is no duty to warn of possible reactions in unusually susceptible consumers; however, just because a reaction is rare does not mean the manufacturer has no duty to warn users and medical professionals about it.

Seeking Compensation for Your Losses

If you have been injured, you may be entitled to compensation for a variety of economic and non-economic damages. Depending on your case, punitive damages may even be awarded to punish the defendant.

In general, you may be entitled to compensation for:

• Medical bills
• Lost wages
• Pain and suffering
• Loss of earning potential
• Future expected medical expenses

Injuries from Mandatory Childhood Immunizations

The National Childhood Vaccine Injury Act of 1986 was established to provide a remedy to persons who have been injured as a result of mandatory childhood immunizations. The Act creates a no-fault administrative compensation alternative to suing vaccine manufacturers when certain vaccines cause injury or death.

Claimants are required to seek compensation through the federal program before pursuing a lawsuit. If a claimant rejects an award or is unsuccessful, a lawsuit may then be filed, but certain restrictions may apply. Lawyers have an obligation to inform their clients of the possibility of recovering under the Act.