Every day, people rely on drugs and medical devices to live better lives and even save their lives. Unfortunately, many companies place profit above safety, which endangers millions of consumers.
In cases where a drug or medical device has caused injury, victims may band together to demand compensation for their injuries, or they can pursue their claim individually. The best choice for you will depend on multiple factors. These include the nature of the defective drug or product and your injuries.
Class and Mass Tort Actions
Class actions and mass torts allow many injury victims to bring claims for similar injuries caused by a defective drug or medical device.
Class action victims file a joint lawsuit and go through a single trial, and all the victims share a portion of the settlement if the case is won. In a mass tort action, each injury victim has his or her own trial and is awarded an individual settlement based on the facts of the case. A court approves a mass tort claim if there are multiple victims in the same geographical area who all have similar injuries.
Defective Medications and Medical Devices Putting Seminole and St. Petersburg Residents at Risk
New products come on the market every day, each with the potential to cause injury to consumers. If a company failed to warn users about the risks; failed to conduct proper testing; or falsely advertised a product in order to profit, consumers are entitled to seek justice and payment for the complications they suffered.
Some of the defective drugs and medical device cases we represent include:
● Abilify. This antipsychotic medication is used to treat schizophrenia, but has caused compulsive conditions such as pathological gambling.
● Bair Hugger Warming Blankets. This medical device keeps patients warm during surgery, but is also blamed for causing and encouraging severe bacterial infections.
● Benicar. Angiotensin II receptor blockers such as Benicar were created to lower blood pressure. However, these medications are known to cause severe gastrointestinal problems including chronic diarrhea, malnutrition, and extreme weight loss.
● Essure. The Essure implant was marketed as a way for women to achieve permanent birth control without undergoing surgery, but some women suffered organ perforation and severe bleeding.
● Fluoroquinolone antibiotics (Levaquin, Cipro, Tequin, Avelox). Peripheral neuropathy and aortic aneurysm have been reported in patients receiving this potent class of antibiotics.
● Invokana and Farxiga. Sodium-glucose cotransporter-2 (SGLT2) inhibitors are given to patients with type 2 diabetes, and have been linked to heart problems, kidney failure, and ketoacidosis.
● IVC Filters. Inferior vena cava (IVC) filters were created to catch blood clots in surgery patients who are resistant to anticoagulants. If these devices are left in a patient’s body, they can break apart and migrate to the heart and lungs; perforate or become embedded in tissues; and even lead to pulmonary embolism.
● Januvia, Janumet, Byetta, and Victoza. The U.S. Food and Drug Administration (FDA) issued warnings about the potential for pancreatic side effects with these diabetes medications, including pancreatic cancer and thyroid cancer.
● Laparoscopic Power Morcellator. These devices, which are used to shred tissue during laparoscopic surgery, are linked to an increased risk of uterine cancer in women.
● Lipitor. This cholesterol-lowering medication may increase a patient’s risk of type 2 diabetes and liver damage.
● Metal-on-Metal Hip Implants (DePuy, Zimmer, Biomet, Wright Medical). The grinding together of all-metal hip joints has led to device loosening and failure, inflammatory response, and metal toxicity (metallosis) requiring revision surgery.
● Proton Pump Inhibitors (Prilosec, Nexium, Prevacid, Aciphex, Protonix, Zegerid, Dexilent). Patients who depend on heartburn relief offered by these drugs may not be aware of an increased chance of kidney failure.
● Propecia and Proscar. The active ingredient in this hair loss medication is linked to sexual dysfunction and male breast cancer.
● Risperdal. Gynecomastia, also known as male breast enlargement, has been reported in patients taking this schizophrenia medication.
● Roundup Weed Killer. This common herbicide recently came under fire for its associations with non-Hodgkin lymphoma, leukemia, multiple myeloma, soft tissue carcinoma, and bone cancer.
● Stöckert 3T Heater-Cooler System. Another surgical warming device, the Stöckert 3T is linked to the formation of non-tuberculous mycobacteria infections in patients.
● Stryker Rejuvenate, ABG II, LFIT V40, and Accolade Hip Implants. Metal corrosion in these implants has led to premature device failure, metallosis, and inflammation that require additional surgeries.
● Talcum Powder. Johnson & Johnson’s popular product Baby Powder and other talcum-based powders have recently been linked to the development of ovarian cancer.
● Taxotere. Many women suffered permanent hair loss as a result of taking this popular chemotherapy drug.
● Testosterone. Men taking testosterone to treat low sex drive may suffer blood clots, strokes, or heart attacks.
● Viagra and Cialis. Sexual performance medications such as Viagra are suspected of raising the risk of skin cancer (melanoma).
● Xarelto, Eliquis, and Pradaxa. This class of blood thinners doesn't have any easy way to reverse excess bleeding, increasing the risk of uncontrollable blood loss and death.
● Zimmer Biomet Shoulder. The FDA received so many reports of fractures associated with this shoulder replacement device that the Zimmer Biomet was eventually recalled. requiring revision surgery.
● Zofran. Women who took Zofran to combat nausea during pregnancy could have unknowingly placed their children at risk for birth defects.
How Is a Mass Tort Different from a Florida Injury Case?
The biggest difference between a personal injury case and a mass tort is strength in numbers. While a large company may be able to ignore the claims of one or two injured people, multiple claims affect a company’s reputation and profits, making the company more likely to pay attention.
How Long Do I Have to File a Lawsuit?
Under Florida law, an injured person has four years from the time the injury is discovered to file a personal injury or mass tort claim. However, an injury victim should seek the advice of an experienced injury attorney as soon as possible, for a number of reasons.
- First, evidence may be lost or destroyed if an attorney doesn't make a legal request for records pertaining to your claim.
- Second, it will take time to gather evidence and build a case, all of which can add to the time before filing
- Finally, knowing the answers to your questions straight from an attorney prepares you for the road ahead, and lets you know how best to cope with your medical bills and treatment plan as your case progresses.
If you've been hurt or have lost a loved one due to a dangerous drug or medical device, we can help. The Seminole injury attorneys at DeLoach, Hofstra & Cavonis will advise you every step of the way, and you won't pay any fees or costs unless we win your case. Call 727-397-5571 or contact us using the form on this page to begin your first consultation.
General Product Liability Claims in Florida
Not all product liability claims involve drugs and medical devices or even related to healthcare. Defective and dangerous products injure and kill countless Florida residents every year. Sometimes the products release poisons or contain lead, which can impact a growing child's health, and sometimes dangerous and defective products start fires or break bones. All of these injuries are serious and manufacturers who release these products to the general public should be held accountable.