Cincinnati Dangerous Drug Lawyer
Medical device and drug manufacturers have a legal duty to ensure the safety of their products for consumers. Fulfilling this duty takes product testing, safety inspections, and adequate warnings for consumers of any known risks, such as drug side effects. If a manufacturer fails to meet this standard of care and a consumer suffers a serious injury or illness as a consequence, the manufacturer may be liable for damages.
If a dangerous drug or medical device caused you or a loved one a serious injury, contact Elk & Elk Co., Ltd for a free legal consultation with one of our Cincinnati dangerous drug attorneys. Our attorneys have more than 50 years of experience handling all types of personal injury claims throughout Ohio. We understand how to get the most for your defective product claim. Call (513) 370-5807 to speak to a personal injury attorney in Cincinnati today.
Why Choose Elk & Elk Co., Ltd?
- Our personal injury lawyers have recovered more than $1 billion in results for our clients.
- We have the resources to build a compelling case on your behalf.
- We believe in open and honest communication with clients.
- We offer free initial consultations so you can learn your rights at no cost.
- We operate on a contingency fee basis (no fees unless we win).
What Are Dangerous Drugs and Devices?
A dangerous drug is a medication that contains a defect that makes it unsafe for consumer use. The defect may be a manufacturing mistake, design error, or marketing issue. If a manufacturer knows or reasonably should have known of the potential for heart problems on a certain medication, for example, the manufacturer has a duty to include this knowledge as a warning somewhere on the drug’s packaging or marketing. Failure to do so, resulting in consumer injuries and deaths, is negligence.
A dangerous medical device also contains a defect that makes it unreasonably dangerous for patients. Concealing these defects could make it impossible for a patient to receive the treatment he or she needs to survive. Examples of defective medical devices include faulty surgical instruments, pacemakers, prosthetics, hip replacements, intravenous filters, and insulin pumps. If a patient suffers an injury because of a defective drug or device, that patient has the right to file a product liability claim against the manufacturer or distributor.
How to File a Product Liability Claim
Ohio’s product liability laws give a two-year statute of limitations on filing these claims. You must bring your lawsuit within two years of suffering your injuries, or discovering your injuries, to have a valid case. You or your attorney must then prove that the drug or device contained a defect and that the drug or device caused your injuries. Your lawyer will not need to prove the manufacturer’s negligence if you can prove the item contained a defect. Hire a lawyer to handle claim filing for you, so you can ensure a smooth and successful filing process.
Who Is Liable?
Product manufacturers are strictly liable for defective products that cause consumer injuries, illnesses, or deaths in the U.S., whether they were negligent or not. It may also be possible to hold a product manufacturer responsible on the grounds of negligence if the plaintiff can prove the defendant failed to meet the standards of care, and that this failure caused the injuries. Other liable parties in a medical drug or device claim may include a distributor, a hospital, or an individual physician.
Contact A Cincinnati Dangerous Drug Attorney Today
It is important to protect your rights by hiring an attorney after suffering a serious injury because of a defective drug or medical device. An attorney can make sure no one takes advantage of you during the claims process. A dangerous drug attorney can also help you fight for a fair amount of compensation to cover your past and future damages, including medical bills, lost wages, and pain and suffering. Schedule a free initial consultation about your drug or device claim with our Cincinnati dangerous drug attorneys today. Call (513) 370-5807 or submit our contact form.