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Safety Standard for Medications

Any medication that is manufactured for human use, whether via prescription or over-the-counter use, is subject to strict testing and health requirements by the United States Food and Medication Administration (FDA). These medications are tested to ensure they are safe for consumption and that they don't have negative long-term effects that could lead to physical injury, lost wages, or emotional distress.

In some cases, medications manage to get through FDA testing but are later found to have harmful effects that result in injuries, illnesses, and wrongful death. If you or a loved one has found themselves in this situation as the result of a medication, you may be entitled to compensation that can help you on your road to recovery.

Hiring an experienced medication attorney can quickly help you in these types of cases. Attorneys can build your case, gather evidence, and fight for a fair settlement to get you the compensation you deserve. If needed, they can take your case to trial in pursuit of justice. Dealing with these types of situations can be incredibly stressful. By hiring experienced legal counsel, you can take that burden off your shoulders so you can focus on healing.

When something goes wrong with medications, it is usually in one of the following areas:

Testing and Approval

All potential medications need to be thoroughly tested before being approved by government agencies like the FDA. Mistakes, oversights, or errors can lead to impactful risks not being discovered before it is too late.

Manufacturing and Distribution

When medications are mass-produced, certain conditions must be met to ensure proper quality control and cleanliness. If this is overlooked, medications can become improperly formulated and lead to adverse side effects or even death. It is common for medication manufacturing to take place outside of the US in countries with less strict safety protocols, making it harder to ensure their safety. The distribution and storage of medications is also very important, as they should be properly stored and shipped so that they are not affected by weather conditions. If medications are improperly stored and shipped, they may become contaminated and be too dangerous to take by the time they reach your pharmacist.

Prescription and Dosage

Even when a medication has been properly manufactured, stored, and shipped - something can still go wrong. Even a properly tested medication can be prescribed to the wrong person, or the manufacturer may make a mistake in issuing proper guidance on how to use the medication. It is also the responsibility of the prescribing doctor and pharmacist to provide the correct information on dosage, including how much of the medication should be taken and how often.

Side Effects

Nearly every medication has some type of side effect. Side effects can be triggered by any number of factors that are unique to the people taking the medication. All side effects must be clearly listed. If not, there are more risks associated with the wrong type of patient taking the medication.

The Impact of Medications

Certain medications can have serious, long-term side effects. For example, painkillers and other opioids can lead to addiction that results in bodily injury, lost wages, and mental and emotional health issues. When these addictions take hold, it can have a significant impact on someone's life. Most of the time, these medications are prescribed to help with an injury or chronic pain but result in substance abuse issues that affect them and the ones around them.

Off Label Medication Prescription

Another example could be a medication marketed for one purpose but ultimately having an adverse effect in another area. Let's say someone is prescribed a diabetes medication that causes weight loss but ends up negatively affecting their digestive system, resulting in digestive complications and costly medical expenses. The proliferation of the use of medications such as Ozempic, Wegovy, and Mounjaro may lead to severe long term side effects. Medication manufacturers must monitor safety signals and patient outcomes even with off label use.

It is important to speak with one of our medication lawyers in these types of cases. They can help find similar cases in which people experienced similar effects and build your case to seek fair compensation for the damages suffered. At Roberts Lambert, we are here to help you navigate the complexities of your medication lawsuit.

The Benefits of Hiring a Medication Attorney

Qualified and Experienced Legal Representation

Experience goes a long way in these types of cases. You want to hire an attorney who has worked on complex cases before. Medication manufacturers always have strong legal counsel at their service for these important cases. As such, it is all the more important that you hire a law firm that is up to the task. Our attorneys have a proven track record of winning medication cases. We won't stop in our pursuit of justice, and we leave no stone unturned when we gather evidence for you.

Dedication and Attention

Another good quality to look for in a medication attorney is personalized care. The impacts of medication abuse and unintentional side effects can be devastating for not only you but your loved ones as well. You want to hire an attorney who gives your case the attention it deserves. At our law firm, you are more than just a case number. We take the time to learn the ins and outs of your case so that we can take the most personalized approach. We also keep you updated throughout the progress of your case, so there is never any confusion about where your case stands.

On the other hand, you want an attorney who is dedicated to the fight. These types of lawsuits can be lengthy, especially if they end up becoming part of a larger class-action suit. You need an attorney who won't shy away from fighting these big companies in marathon litigation. We hold negligent parties accountable, no matter how big.

Unmatched Support

You shouldn't have to be bogged down with the stress of dealing with a defective medication lawsuit. There are already enough problems associated with the results of the medication. An experienced medication attorney can handle the details of your case so that you can focus on your recovery. We will provide support throughout the entire process in the form of advice and counsel as your case moves forward. There is peace of mind in knowing you have experienced legal representation by your side.

No Fee Unless We Win Your Case

Our firm operates on what is known as a contingency fee basis, meaning we won't see a dime unless we win your case. This means you don't have to worry about paying us to retain our services as we move through your case. You are bearing enough of a financial burden from lost wages and medical expenses incurred as a result of the defective medication. This is why we offer our services without any upfront fee.

Holding Negligent Manufacturers Accountable

When manufacturers produce these medications, it is their duty to go through the proper protocols to ensure their safety before bringing them to market. Greedy companies have been known to cut corners in order to get their medication on the market, and while the FDA has strict benchmarks, it does not always prevent defective medications from slipping through the cracks.

An experienced medication attorney can help hold these negligent manufacturers liable for their bad conduct. Our attorneys will do everything in their power to obtain justice on your behalf in the form of compensation to cover your medical expenses, lost wages, and emotional distress.

How to Determine if Your Medication is Dangerous

It is always recommended to speak with your doctor and pharmacist about the medications you are prescribed. They are supposed to inform you of all the potential side effects. You can refer to the FDA to see if a prescribed medication is still approved. There may be previous instances of lawsuits against the manufacturer of the medication, in which case you can speak with your doctor to determine whether or not the medication is still viable for use in your case.

Our Medication Attorney Services Process

Step One: Set Up a Free Consultation

The first step in this process is to retain counsel. We offer a free, no-obligation consultation to all potential clients. This helps us learn some more about the facts of your case so that we can determine whether we can provide legal representation. You can contact our office to set up a consultation at your convenience.

Step Two: We Begin to Gather Evidence

There is a process for building these cases that involves gathering all types of evidentiary documents. This can include any medical records, medical bills, literature about the medication, studies about the medication, witness testimony and depositions, any correspondence between insurance companies, and more. Our goal is to gather as much supporting evidence as possible so that we can build a strong case to put you in position to reach a fair settlement.

Step Three: Finalize Your Demand Package

Once we have all the evidence we need, your attorney will put together a demand letter with all the information surrounding your case and how much compensation we are demanding on your behalf. This package will be sent to the opposing counsel or insurance company of the other party. From there, they will have time to respond as we move into the negotiation phase.

Step Four: Negotiation

The next step involves negotiating with the other side on your behalf. We can handle all communications with the insurance company and/or opposing counsel, keeping you updated along the way. In the event you are deposed as part of the negotiation process, our attorneys will hold your hand through the process ahead of time so you are adequately prepared. Your attorney will also be in the room with you to support you and object to any unfair and offensive questioning. Our primary goal is to obtain a fair settlement on your behalf while avoiding a lengthy trial. Keep in mind that any settlement must be signed off on by you. We will not accept a settlement without your prior approval.

Step Five: Settlement or Litigation

Once we receive a settlement offer, we will go through it with you to ensure you understand the conditions of the settlement and to confirm whether you accept it. We can provide advice and counsel as to whether we think the settlement is fair, but the decision is yours to make. If you choose not to accept the settlement, we will return to the negotiation table.

It is also possible that the other side will not meet your settlement demands. In this event, our attorneys are fully prepared to take your case to trial. We have the trial experience necessary to tackle these cases and put your claim in front of a jury. Jury trials can be lengthy, so we will try to avoid this step. However, we will not minimize your settlement just to avoid trial. Our job is to pursue justice on your behalf.

Contact Us to Set Up Your Consultation Today

Have you or a loved one been impacted by a medication? Contact our law firm today to take the first step toward justice and set up a free consultation. We look forward to hearing more about your case and helping you fight for your entitled compensation. There can be a long road to recovery when dealing with medications. Allow us to help you on that journey.

Meet our Medication Attorneys.

A photograph of personal injury lawyer Tyler Roberts in casual business attire.

Tyler Roberts

Attorney | partner
A photograph of personal injury lawyer Joe Lambert wearing a nay suit and green tie.

Joe Lambert

Attorney | partner

We answer your medication questions.

We're Kentucky Medication Attorneys.

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