4 Things I Wish I'd Known About Drug Injury Lawyers Before Hiring One

When a person signs on to take prescription or over-the-counter medication, they do so under the assurance that these substances have been thoroughly tested and approved by the Food and Drug Administration (FDA). However, this is not always the case, leading to potential severe health consequences, and subsequently, a need for legal aid. It is within this complex labyrinth of pharmaceutical litigation that drug injury lawyers operate. Here are four considerable insights that I wish I had known prior to engaging one.

Firstly, one must grasp the dichotomy between 'mass torts' and 'class actions.' The former refers to cases where a large number of claimants, who have been injured by the same product, file individual lawsuits. Each claimant's case is assessed on its merits and compensation determined accordingly. In contrast, in a 'class action,' one or several individuals sue on behalf of a larger group, and any resulting settlement is shared among the group members. Although the majority of drug injury cases are mass torts, one must understand where they stand as it significantly influences the potential compensation and the strategy the lawyer will employ.

Secondly, the concept of 'preemption' is fundamental. It is a legal doctrine that originated from the Supremacy Clause of the U.S. Constitution, which states that federal law takes precedence over state law. In the context of drug injury litigation, preemption can act as a powerful shield for pharmaceutical companies. If a drug that caused injury was manufactured and labeled in accordance with FDA regulations, the manufacturer can argue that any state law-based claim (like negligence or breach of warranty) is preempted by federal law. Awareness of this potential defense can significantly impact the choice of legal strategy.

Thirdly, understanding the risk-utility test is crucial. This legal principle weighs the utility or benefits provided by a product against the risks associated with its use. In drug injury cases, the court will consider factors like the gravity and likelihood of potential injuries, the availability of safer alternatives, and whether the product could have been designed or marketed more safely. This cost-benefit analysis not only influences the outcome of the case but also shapes the arguments that your lawyer will present.

Last but not least, it's important to note that drug injury lawyers usually operate on a contingency fee basis. This means that they receive a percentage of the compensation if they win the case and nothing if they lose. While this payment structure reduces financial risk for the claimant, it also means the lawyer may be reluctant to take on cases that are unlikely to win or yield substantial compensation.

Looking back, possessing knowledge about these core aspects would have allowed for a more informed selection process and a better understanding of the legal strategy employed. When navigating through the complexities of drug injury law, having a seasoned lawyer at your side is undoubtedly crucial. However, just as important is arming oneself with an understanding of the field’s intricate subtleties. Such a combination not only provides for a more collaborative attorney-client relationship but also increases the chances of a favorable outcome.

When a person signs on to take prescription or over-the-counter medication, they do so under the assurance that these substances have been thoroughly tested and approved by the Food and Drug Administration (FDA). However, this is not always the case, leading to potential severe health consequences, and subsequently, a need for legal aid.