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Prescription Drug/Pharmaceutical Lawsuits

Home Practice Areas Class Action Prescription Drug/Pharmaceutical Lawsuits

Nearly half of Americans have taken at least one prescription drug in the past 30 days, according to the Centers for Disease Control and Prevention. This doesn’t count the many over-the-counter drugs, vitamins, and dietary supplements people take every day.

While the rise in prescription medication use can sound alarming, drugs are often an important solution for managing pain and combating illnesses. Unfortunately, prescription drugs sometimes injure patients. Lawsuits may be brought if a drug was designed defectively, failed to have adequate warnings, or was over-marketed.

It is important to never stop taking a drug without a doctor’s advice. The pages here are informational only. You should not rely on them and speak with a trained healthcare provider about any concerns you have about medications you are taking. If you wish to discuss potential legal options, you should contact a lawyer.

How Can Drugs Be Dangerous?

It is reasonable to assume a drug sold by a pharmaceutical company has been tested for safety and effectiveness. While most drugs are tested, others are not.

But untested drugs aren’t the only way medications can be found dangerous. Here are some of the most common ways.

 Marketing Defects
Pharmaceutical companies will often try to market their medications as safe and effective ways to treat specific diseases. When a company is not entirely forthcoming with any possible side effects or gives inadequate information on how to use the medication correctly, this can be very dangerous to patients.

In court, marketing defects are often referred to as a failure to warn.

One example of a marketing defect being dangerous to patients is a drug like Cymbalta. Patients claimed that they experienced withdrawals when quitting the drug, which is used to treat depression, anxiety, and pain. Drugmaker Eli Lilly settled hundreds of cases from people who said the company didn’t disclose the withdrawal symptoms.

 Drug Design Defects
Sometimes the design of a drug is defective. This typically means the drug was poorly designed and led to unreasonable side effects. A defective drug can cause all types of unexpected side effects, including severe injury and death.

In one of the most controversial drug design defects, patients claimed to have developed bladder cancer and heart failure after taking Type 2 diabetes drug Actos. Takeda Pharmaceuticals agreed to a $2.4 billion settlement.

 Drug Manufacturing Defects
The defect can also occur at the manufacturing level. Even when the drug is designed to be safe and effective, a mishap at the manufacturer can lead to severe and unexpected side effects.

One example of a drug manufacturing defect occurred in 2016 when an infant was killed after taking a laxative known as Diocto Liquid. The medication became contaminated with a rare bacteria during the manufacturing process.

Who Can Be Held Responsible in Class-Action Lawsuits

Depending on the type of dangerous drug lawsuit you file, any number of parties can be held responsible.

Manufacturers are often the party held liable in lawsuits related to dangerous drugs. The reason is that the manufacturer has the bulk of responsibility for creating a safe drug for consumers. Contamination or mishaps could result in life-altering consequences for those taking the drugs.

Doctors, nurses, and even pharmacists can also be held responsible in a dangerous drug lawsuit. They could be liable for a failure to warn if they did not inform the patient of potentially dangerous side effects.

A pharmacist may occasionally dispense the wrong medication or fail to inform a patient of dangerous interactions with other drugs. In the past, patients who abused prescription drugs were also able to file claims against pharmacists who dispensed the drugs.

Because the cases often include thousands of plaintiffs, courts will often consolidate them. This makes it easier to try cases and come to terms on a settlement.

Examples of Past Drug Lawsuit Settlements

Class-action lawsuits can be long and complicated. It can take years for cases to go to trial — if they even make it at all.

When a defendant realizes that it makes the most financial sense to stop fighting the cases in court, it will often come to a settlement agreement with plaintiffs. The settlement amount depends on many different factors, but payouts can be massive.

One of the largest settlements in drug history came in 2015 when Takeda agreed to settle thousands of cases related to its Actos Type 2 diabetes drug to the tune of $2.4 billion. Before the settlement, Takeda was hit with a $9 billion verdict by a jury after a plaintiff claimed to have developed bladder cancer after taking the drug. Takeda was accused of hiding the risks.

In 2007, Merck agreed to pay more than $4 billion to settle 27,000 lawsuits over claims its pain medication Vioxx caused heart attacks and strokes. Merck withdrew the medication three years earlier.

Past settlements or verdicts do not mean future cases will succeed. Every litigation is different and every case is different as well. No one can guarantee an outcome in any given case. You should not assume that you are entitled to compensation just because other cases have resolved. Speak with a lawyer about your specific case.

Pharmaceutical Lawsuits

Dozens of class-action lawsuits are currently pending in courts or being pursued by lawyers around the country.

Here is a partial list of dangerous drugs that have been or are involved in lawsuits:

These are drugs KBA or other law firms are investigating.

  • Prilosec®
  • Proton Pump Inhibitors
  • Risperdal®
  • Taxotere®
  • Tenofovir (Truvada)®
  • Uloric® (febuxostat)
  • Valsartan
  • Zantac® (ranitidine)
  • Zinbryta® (daclizumab)

This does not mean these drugs are dangerous for all people. No one should stop taking medication prescribed by a doctor without consulting a doctor. Nothing on this site is intended to be advice. You should speak with a trained, licensed healthcare provider.

You can consult with a lawyer if you wish to explore legal options if you believe you were injured by a product, but in all cases, you should speak with and rely upon medical providers, not websites like this.

Please seek the advice of a medical professional before making health care decisions. The content provided on this site, such as documents, text, graphics, images, videos, or other materials, are for informational purposes only. The information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician for diagnosis and treatment of any medical condition or for any questions you may have regarding a health concern. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on this site.

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