If you or a loved one has been harmed by a defective product or by a manufacturer’s failure to warn you of the risks associated with the product, you may be entitled to compensation for all of your losses.
The product liability lawyers of Marks & Harrison are here to help you. We have extensive experience in this area of the law and a true passion for protecting the rights of patients and consumers in Richmond and throughout Virginia.
For a long period of time, you or your loved one may have used a drug or cosmetic product that was prescribed or recommended to you. Recently, however, you may have learned that this product was actually harmful to you or your loved one’s health.
You have a right to be angry. You also have a right to take legal action.
If you suspect that you were harmed by a dangerous drug or cosmetic product, you should take the following steps to protect your health and legal rights.
You generally have only two years from the date of a product-related injury (or the date you could have reasonably discovered the injury) in which to file a legal claim in Virginia. This is called the statute of limitations. Taking action as soon as possible will help to ensure your claim is timely filed.
It is important to know about drug and cosmetic product recalls for the sake of your health as well as for the sake of bringing a legal claim. The date a product recall begins may start the running of the statute of limitations.
Recalls typically are initiated by the FDA, which is the federal agency that regulates the U.S. drug and cosmetics industries. Problems with a product may be called to the FDA’s attention through:
In rare cases, the FDA will order a drug or cosmetic product manufacturer to issue a recall. Typically, the FDA will formally ask the manufacturer to voluntarily recall the product. The agency will then publish information about the recall, including:
On average, at least one “clinically important” drug recall is issued each month in our country, according to the Archives of Internal Medicine.
However, in many cases, thousands of patients and consumers may have been harmed by a product before it is recalled or no recall may be issued at all – despite widespread reports of product-related injuries and illnesses.
Xarelto is an example of a pharmaceutical product that has not been recalled despite numerous reports of injuries and deaths that are believed to be related to the blood-thinning medication.
The problem with Xarelto is that users of the drug face the risk of suffering severe and potentially fatal internal bleeding episodes. Bloomberg News reports that, according to consumers, at least 65 deaths in the U.S. have been linked to the drug.
Numerous lawsuits have been filed across the country against the companies behind the drug, Bayer HealthCare and the Johnson & Johnson subsidiary, Janssen Pharmaceuticals.
These lawsuits generally allege that the companies touted the benefits of Xarelto without adequately warning consumers about the excessive bleeding risks associated with it.
Contact Marks & Harrison today to learn more about your legal rights and options if you or a loved one has suffered excessive internal bleeding after taking Xarelto.
Numerous studies have identified a link between the use of talc products for feminine hygiene and the development of ovarian cancer. In fact, one study published several years ago found a roughly 30 percent increase in the risk of ovarian cancer “with regular genital exposure to talc.”
Even though talc products have not been recalled, either, lawsuits have been filed throughout the U.S. against the manufacturers and sellers of talc products. In one case, a jury awarded $72 million to the family of a woman who died from ovarian cancer after using Johnson & Johnson talc products for more than 35 years.
During that trial, a Johnson & Johnson internal memo was produced in which a medical consultant compared denying the link between talc and ovarian cancer to tobacco companies denying the link between cigarettes and cancer.
Unfortunately, consumers and patients suffer harm on a regular basis that can be linked to defective pain relievers, antidepressants (SSRIs), anticoagulants, cholesterol-lowering medications, diabetes drugs and other pharmaceutical and cosmetics products.
If you or a loved one has been harmed by a manufacturer’s failure to live up to its duty to manufacture and market products that are safe and effective when used as directed, you owe it to yourself to explore your legal options.
At Marks & Harrison, we can thoroughly investigate your case and review all options available to you.
For instance, we can advise you on whether to file your claim in a state court or in federal court.
We can also advise you on whether it would serve your interests to pursue compensation as a part of a class-action lawsuit or to maintain an individual claim that may be consolidated with similar lawsuits in state court (multi-county litigation, or MCL) or federal court (multidistrict litigation, or MDL).
In many cases, numerous lawsuits are filed by consumers who have suffered similar injuries from the same products. As litigation proceeds, the manufacturers may eventually create a settlement fund to resolve all claims.
Our lawyers at Marks & Harrison can advise on you on whether to participate in such a “global settlement,” and we can help you through the process of filing such a claim. You should never participate in a settlement without seeking advice from a lawyer first.
Consumers in Richmond and throughout Virginia can count on the product liability lawyers of Marks & Harrison to stand up for them against the manufacturers of dangerous drugs and cosmetics products. Our goal is protect our clients’ rights and seek the compensation they deserve.
When you are ready to take action, call or reach us online. We can get to work on your case today.
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