Fairfax Dangerous Drugs Attorney

In Fairfax, Virginia as in the rest of the Commonwealth, there are specific laws regarding personal injury lawsuits against the makers of prescription drugs. Virginia is one of four states, not including the District of Columbia, which employ the contributory negligence doctrine. This means that the victim of a personal injury must not be even one (1) percent responsible for the injury. If the victim is judged to have been at all responsible for the injury, they are barred from making a recovery.  It is important to note that the time limit to file suit in Virginia is two years in most cases. This is known as the statute of limitations. If you believe that a drug has harmed you, first check with your physician. Then contact a Fairfax dangerous drugs lawyer who is experienced with pursuing dangerous prescription drug claims in Virginia.

Dangerous Prescription Drugs and Products Cases

Dangerous and defective drugs and products encompass a wide variety of issues that can pose serious challenges in a civil claim. A Fairfax dangerous drugs lawyer can explain the process of filing a claim in more detail.

Defective Products: If the dangerous product was made knowingly by the manufacturer and sold by persons or businesses that also knew the product was defective, they can be held responsible for damages. The key here is that they knowingly manufactured and sold the product or continued to do so when they found that the product was defective, which can be very difficult to prove.

Breach of warranty: The breach of warranty is part of the Uniform Commercial Code. It means that the manufacturer told buyers that the products were safe or that they failed to warn the consumer that the danger existed. This is known as the “failure-to-warn defect.” Even with these business-friendly laws, Virginians have sued pharmaceutical manufacturers and have won large awards. Here are some of the best-known cases.

  • Avandia. This diabetic drug was found to cause serious health problems, including heart attacks and strokes. There have been 10,000 lawsuits settled in the U.S.
  • Lipitor. Atorvastatin, marketed as Lipitor, is made by Pfizer. The drug is used to lower cholesterol, which is does quite well. The problem is that 48 percent of patients aged 40 to 79 who took the drug developed Type II diabetes as a result. Other dangers include Rhabdomyolysis, which causes kidney failure, and myopathy, or muscle pain.
  • Paxil. This birth control drug is manufactured by GlaxoSmithKline PLC, which was found to have hidden the dangers they were aware of, including severe birth defects and suicides. The company paid more than $1 billion to settle more than 800 lawsuits by 2010.
  • Transvaginal Mesh. This mesh was used in surgery for women experiencing uterine prolapse. The complications have ranged from erosion of the device itself, organ perforation, intense pain, and more. Many victims have had to undergo many surgeries. The plaintiffs in lawsuits so far claim the products are defective, were not tested sufficiently and there were failures in warning women of the possible side effects.
  • Other drugs and devices. There are other pharmaceutical companies facing lawsuits, such as dialysis dialysates GranuFlo and NaturaLyte from Fresenius Medical Care; hip replacement devices such as INFUSE Bone Graft from Medtronic; Pradaxa blood thinner by Boehringer Ingelheim Pharmaceuticals, and more.

Contact a Fairfax Dangerous Prescription Drug Attorney

If you or your loved one believes that you are the victim of a pharmaceutical drug’s side effects, call a Fairfax dangerous drugs lawyer as soon as possible. The personal injury practice group at our firm can connect you with a personal injury attorney who can help you to file an injury claim. Remember, you may only have two years to bring your suit in Virginia, so if you suspect you have suffered as the result of a bad or dangerous drug, don’t delay in seeking appropriate legal help.