FAQs About Dangerous Drug Mass Torts
Here, we have answered some of the most commonly asked questions that we receive about dangerous drug mass tort cases. Start learning the answers to your questions by browsing our frequently asked question section.
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Who takes Xarelto and who is at risk of being hurt by this medication?
Xarelto was approved by the Food and Drug Administration (FDA) in 2011. Since then people in the United States have been able to take Xarelto with a doctor’s prescription.
FDA Approved Uses for Xarelto
Currently, Xarelto may be prescribed in the United States to a person who has:
- Atrial fibrillation not caused by a heart valve problem. People with atrial fibrillation have hearts that do not beat as expected. This can cause dangerous and potentially life-threatening blood clots to form. Xarelto can reduce the risk of blood clots and strokes for people with atrial fibrillation not caused by a heart valve issue.
- Blood clots in the legs or lungs. Blood clots in the veins of the legs, known as deep vein thrombosis, or blood clots in the lungs, known as pulmonary embolisms, may be treated with Xarelto. Additionally, people who continue to be at risk for developing these types of blood clots after six months of treatment may take Xarelto to try to prevent future blood clots from forming.
- Recent knee or hip surgery. Xarelto can help prevent deep vein thrombosis and pulmonary embolisms in people who recently had hip or knee replacement surgery.
- Coronary artery disease or peripheral arterial disease. Xarelto combined with a low dose of aspirin can help reduce the risk of serious heart problems, stroke, or heart attacks in patients with these conditions.
Xarelto is a blood thinner that can prevent dangerous blood clots from forming, but it is not without risks.
Xarelto Users Risk Serious Injuries
As an anticoagulant, Xarelto works by thinning out your blood to prevent clotting. Janssen Pharmaceuticals, the Johnson & Johnson subsidiary that makes Xarelto, advertises Xarelto as “a latest-generation blood thinner” because it specifically targets one blood clotting factor as compared to older generation blood thinners such as Warfarin that impact six different blood clotting factors and interfere with the body’s vitamin K.
However, newer drugs are not synonymous with risk-free drugs. Xarelto creates certain risks for patients, such as:
- An increased risk of dangerous bleeding. Uncontrollable bleeding is a risk for people taking Xarelto. Brain bleeds and internal bleeding are risks that can result in death. Retinal bleeding is also a risk and can cause permanent vision damage. If you are coughing up blood, if you are dizzy or faint, if you experience vision changes, if you develop any amount of paralysis, if you have a cut that won’t stop bleeding, or if you experience any other signs of a potential bleed then it is important to get emergency medical attention.
- An increased risk of blood clots once a patient stops taking the medication. The very risk that you were trying to control by taking Xarelto may increase when you stop taking the drug. Do not stop taking Xarelto without speaking to your doctor. Your doctor may want to put you on a different type of blood thinner to prevent a blood clot and monitor you more closely.
Anyone who takes Xarelto may be at risk of suffering from these serious and potentially life-threatening medical complications. These complications may occur during treatment or soon after treatment ends.
What to Do If You Have Been Hurt by Xarelto
Even though the side effects of Xarelto are now known, that does not mean that your recovery for Xarelto-related injuries will be automatic. Xarelto cases can be difficult for injured people to win. Janssen Pharmaceuticals has had some success at trial on claims brought by people injured by Xarelto or their surviving family members.
Thus, before you pursue a Xarelto claim, it is important to know all of your rights and to understand whether you may truly have a legal case that can result in an award of damages. Our New England Xarelto injury lawyers would be happy to review your potential claim for you, free of charge if you have suffered a Xarelto side effect in Massachusetts, Rhode Island, or New Hampshire. To find out more, or to schedule your free consultation with us, please fill out our online contact form or call us directly.
Who is at risk of developing cancer from talcum-based baby powder?
The smell of baby powder may conjure peaceful memories of your child’s infancy or the relaxed feeling you have after a shower. You likely used Johnson & Johnson’s talcum-based baby powder on your child or yourself without a second thought about its safety.
Now, however, reports have come out, warnings have been issued, and lawsuits have been filed alleging that talcum-based baby powder can cause cancer, and you want to know if you, or a loved one, may be at risk.
The Dangers of Talcum-Based Baby Powder
The primary risk of talcum-based baby powder is that talc is contaminated with asbestos when it is mined. Asbestos is a known carcinogen.
A December 2018 Reuters investigation revealed that Johnson & Johnson has known for decades that asbestos may be in its baby powder. Specifically, Reuters found that from at least 1971 through to the early 2000s, Johnson & Johnson’s baby powder sometimes tested positive for asbestos. Johnson & Johnson allegedly knew about the test results and the dangers of asbestos but failed to tell government regulators or consumers.
According to the World Health Organization, and others, there is no safe level of asbestos exposure, and the American Academy of Pediatrics recommends against the use of any baby powder—whether talc-based or not—because of the potential dangers from inhalation.
While the United States Food and Drug Administration (FDA) has not yet issued a warning about talcum powder and cancer, Health Canada issued a talcum powder warning in December 2018. The Canadian public health agency issued a letter to health care providers advising them to advise their patients to stop using talc in their genital areas because of the risk of ovarian cancer and to avoid breathing in talcum powder to avoid lung problems. The Canadian government is also considering further actions to restrict the use of talc.
Women May Be at Risk for Ovarian Cancer
Some women who have used talcum powder in their genital areas have sued Johnson & Johnson alleging that the talcum powder they used near their vaginas traveled to their ovaries and caused ovarian cancer.
Ovarian cancer can be difficult to diagnose in its early stages. This allows the disease to progress and becomes more difficult to treat. By the time many women are diagnosed with ovarian cancer it is often a stage III or IV cancer and the five-year survival rate may be 50% or less.
Men and Women May Be at Risk for Mesothelioma and Lung Conditions
Like ovarian cancer, mesothelioma often presents with vague symptoms or is asymptomatic in its early stages. In its later stages, mesothelioma is nearly always fatal.
Lung conditions and mesothelioma may develop if talcum powder fibers that contain asbestos are inhaled. While the American Cancer Society does not yet recognize this risk from cosmetic talcum powders, a New Jersey man convinced a court that his mesothelioma was the result of using Johnson & Johnson’s baby powder and Health Canada has linked loose talc powder to decreased lung function, breathing difficulties, and fibrosis. These conditions may affect people of any gender.
Know Your Rights If You Develop Cancer After Using Talcum-Based Baby Powder
The potential dangers of talcum-based powder may impact both men and women. Anyone may be hurt, although the specific injuries that are suffered may depend on how the product was used.
If you have developed ovarian cancer or a lung condition that you think might be related to your use of baby powder, then the time to act is now. Our experienced attorneys would be happy to review your case, free of charge, and to advise you about your legal options. If there is a causal connection between your cancer or lung condition and baby powder, then we will fight for your fair and just recovery. To learn more, please contact us today via this website or by phone to schedule your free consultation.
How long do I have to file a lawsuit if I was hurt by a dangerous drug?
Prescription drug injury lawsuits—like all lawsuits—are subject to laws known as statutes of limitations. Each state has its own statute of limitation laws. These laws provide a certain time by which a person must file a lawsuit in court or forego a claim. The time varies depending on the type of case that you are filing. For example, a personal injury statute of limitations may be different from the statute of limitations for a breach of contract.
Drug injury cases are subject to state statutes of limitation. However, statutes of limitations issues can be complicated in these types of cases because it isn’t always possible to know that you were hurt immediately after taking a medication. Accordingly, it is important to understand the general statute of limitation law, how to comply with the law in a prescription drug injury case, and why you can’t let the statute of limitations expire without filing a case in court.
Massachusetts, New Hampshire, and Rhode Island Prescription Drug Injury Statutes of Limitations
The following statutes of limitations apply if you were hurt by a defective drug:
- The Massachusetts Statute of Limitations provides you with three years to file a lawsuit.
- The New Hampshire Statute of Limitations provides you with three years to file a lawsuit.
- The Rhode Island Statute of Limitations provides you with three years to file a lawsuit.
Typically, this means that you must file a formal complaint with the court before the three-year statute of limitations expires. While statutes of limitations typically start running on the date that the action took place that caused your injury, that is not always possible to determine in a defective drug case. Furthermore, your injury may not develop or may not be diagnosed for some time after you take the medication. For this reason, the statute of limitations will begin to run when you knew that you were hurt or when you should have reasonably discovered your injury.
How to Make Sure You Don’t Miss the Statute of Limitations
While every case is different, there are important things that you can do to make sure that you don’t miss the statute of limitations. Specifically, you can:
- See your doctor as soon as you begin to exhibit any symptoms of illness or injury. When you see your doctor, it is important to report all of the medications that you have used, your dosage, and the date that you began and stopped the medications.
- Follow your doctor’s treatment plan. This is important both to your health and to your potential legal case if there is a connection between your symptoms and the medication that you took. It can help create a medical record showing causation and show that you took the recommended medical steps to get better.
- Talk to a lawyer as soon as possible. An attorney can determine both whether you have a potential case and when the statute of limitations began to run.
These steps will help you file your case on time and make a fair recovery.
What Happens If You Miss the Statute of Limitations in Your Drug Injury Case
If you miss the statute of limitations and you file a complaint in court after the statute of limitations has expired, then you can expect the pharmaceutical company to motion the court to dismiss your case. If the court agrees that the statute of limitations has expired, then your case will be dismissed without you recovering anything. The pharmaceutical company will not negotiate a settlement with you because they know that you have no recourse in court.
Don’t let this happen to you. Instead, contact a mass tort lawyer as soon as you think that you might have suffered a prescription drug injury. Our lawyers would be pleased to provide you with a free, no-obligation initial consultation so that you can learn more about your rights and about how to protect them. Simply call us or reach out to us via this website to schedule your meeting.
What is a prescription medication manufacturing defect?
Pharmaceutical companies have a duty to design, manufacture, and market safe medications. If something goes wrong at any of these three stages, then the consequences can be devastating for many people who take the medication.
What Can Go Wrong During the Manufacturing Stage of a Prescription Medication?
A manufacturing defect happens after the medication has already been safely designed. If the medication had been made according to the specifications of the design and then marketed accordingly, then the prescription drug would not be defective.
In the case of a manufacturing defect, something went wrong while the medication was being made. In other words, the medication was not made according to the specifications in the design. This could happen if, for example:
- An ingredient that was included in the design was left out of the drug during the manufacturing process.
- An ingredient that was not included in the design was added to the product during the manufacturing process.
- The right ingredients were used but at the wrong dosages. This will result in a mediation that is stronger or weaker than expected.
- There were unsanitary or contaminated conditions that tainted one or more batches of the medication.
- The wrong label was attached to the medication.
Since the medication that was created was more dangerous than consumers expected it to be given its design and marketing, it is considered to be defective.
Evidence of a Manufacturing Defect
In order to win a defective manufacturing claim, you will need to prove that:
- The medication was defective and became defective during the manufacturing stage.
- You suffered injuries that occurred because of the medication’s defect.
This will require evidence. Much of the evidence that you need will be in the control of the pharmaceutical company that is trying to defend itself. This may include:
- Design plans for the medication. In order to know if the medication was manufactured incorrectly, you need to know if it was made according to the approved design.
- Samples of the medication. The samples can be tested to determine what is in them.
- Quality assurance reports or witness testimony. This can help you determine if anything happened during the manufacturing process that should not have happened.
Obviously, the pharmaceutical company is not going to hand this evidence over to you unless they are legally required to do so. An experienced mass tort lawyer can help you get the evidence you need through the legal discovery process. This may include requests for production of documents, interrogatories, depositions, and other requests that the pharmaceutical company is legally bound to answer.
Get the Damages You Deserve If You Have Been Hurt by a Manufacturing Defect
When a mistake is made in the manufacturing of a medication, serious injuries or death can result. Many people who took the medication, or a batch of the medication, may suffer similar side effects. Together, the injured parties or the loved ones of those who have died may join together in a mass tort action to hold the pharmaceutical company accountable for its negligence.
The pharmaceutical company may aggressively defend itself against your allegations. If you are alone in your attempt to make a legal recovery, then the pharmaceutical company may overwhelm you with its defense.
However, in a mass tort case you and other similarly affected plaintiffs can join forces in discovery and in seeking justice. While you will work together on the legal case, your recovery will be unique. You may recover financial damages for the specific injuries that you suffered.
To learn more about your rights, your recovery, and how a mass tort case works, please contact our mass tort drug injury lawyers for a free, no-obligation consultation today. We would be pleased to review the facts of your case, to provide you with our honest opinions, and, if appropriate, to fight for your full and just legal and financial recovery.
The pharmaceutical company did not warn me about the potential side effects of my medication. Is the pharmaceutical company liable for the injuries I suffered?
The pharmaceutical company may be legally responsible for the injuries that you suffered if it knew, or should have known, about the potential injuries and if it failed to warn you about those injuries.
Two Ways a Pharmaceutical Company May Fail to Warn
A pharmaceutical company may have failed to warn you about potential injuries if it:
- Did not mention potential side effects while advertising or marketing the medication. Pharmaceutical companies are not required to advertise their products. However, if they choose to advertise by sending representatives to doctor’s offices, by promoting their medication on social media, or by running television, radio, internet, or print ads, then they must be truthful in their advertisements or marketing efforts. This means that they must disclose the risks of the medication along with the benefits of the medication.
- Did not include information about side effects in the warnings or instructions that accompanied the medication. Pharmaceutical companies have a duty to include known side effects in the prescribing information that accompanies a prescription drug.
Copies of advertisements, information about marketing strategies, copies of drug inserts, information about what the drug company knew about potential side effects, and other information that may be important to your claim.
You Deserve to Make a Fair Recovery If the Pharmaceutical Company’s Failure to Warn Resulted in Your Injury
You can only rely on the information that you are given. If the pharmaceutical company fails to provide you with complete or accurate information, then you are forced to make a decision about using a medication without the facts that you need.
This can cause you to make a decision about using a drug that you would not have otherwise made and it can cause you to suffer significant injuries. The failure to warn about a potential side effect can be as dangerous as designing a defective drug or manufacturing a defective drug.
You may not be the only one who was hurt by the pharmaceutical company’s failure to warn. Other people may have suffered similar injuries and together you may be able to join in a mass tort action against the pharmaceutical company—so that you can recover the individual damages that you deserve. To learn more, please contact our prescription drug injury lawyers directly via this website or by phone to schedule a free, no-obligation consultation about your rights and possible recovery.