Millions of people use a variety of medical devices every year with the belief that such products are safe, with little risk of adverse consequences to their health and allowing them to lead quality lives. The same is true with respect to prescription medications a consumer receives from their physician. There is the assumption by the consumer the drug has been properly tested and is safe. Unfortunately, just because a drug is safe does not mean it is harmless as the U.S. Food and Drug Administration defines “safe” as merely meaning the benefits of the drug outweigh the risks for the target population. Furthermore, both drugs and medical devices may be defective, and can leave their users at the risk for developing a variety of serious injuries and long-term health problems.
Defective drugs include those whose potential risks exceed the presumed benefits to the user, or alternatively, fail to provide adequate warnings to physicians and consumers regarding the risks of use of those drugs. As for medical devices, they may be defective due to design defects, manufacturing defects, or the fact that the product is inherently dangerous and the benefits of use of the product are outweighed by the risks presented by the product. The reasons such products nevertheless make it to market are complex and wide-ranging ,from sheer greed on the part of companies who do not disclose adverse events associated with the drug or device, to public pressure for miracle cures, to bureaucratic incompetence. All of these reasons result in defective drugs and devices finding their way into the bodies of consumers.
Potentially liable parties include the manufacturer of the product, as well as physicians and pharmacists. In particular, physicians may be liable for off-label use of drug and devices, which although legal may nevertheless, be negligent. Furthermore, physicians have a legal duty to explain to their patients the dangers a particular drug or device may present through such off-label use. A pharmacist’s negligence could be the result of filling the wrong prescription, misreading the prescription, incorrect dosage, or incorrect instructions to the consumer.
Serious injuries and sometimes death can result from defective medical products. If you or someone you know has sustained injury or death as a result of these products, the personal injury attorneys of Goldberg Simpson may be able to hold liable those persons or businesses responsible for that injury or death. Of course, the individual is ultimately responsible for whatever goes into their body, and a consumer has a certain duty to educate themselves regarding medical treatment and devices. Nevertheless, even the most informed consumer can fall victim to a defective drug or medical device. The personal injury attorneys at Goldberg Simpson have extensive experience in bringing claims against manufacturers, physicians, and pharmacists who negligently perform their duties to provide safe and effective drugs and products to medical patients. Discussing your case with an attorney who is experienced in the field of defective medical products ensures a thorough evaluation of your case, and if warranted, will help you or your loved ones receive appropriate compensation for any injuries or death resulting from the use of such products. In recent years, Goldberg Simpson’s personal injury attorneys have handled cases involving Vioxx®, Zimmer total knee replacements, Accutane®, DePuy hip replacements, and certain defibrillators. Furthermore, the personal injury attorneys of Goldberg Simpson have contacts nationwide with other law firms that specialize in the area of “mass torts” with whom they can coordinate their efforts to provide effective legal representation to their clients as warranted.
Experienced Louisville Defective Medical Products, Drugs & Medical Devices Lawyer
We help injured families in Louisville, Lexington, Bowling Green, Paducah, Ashland, Owensboro, Elizabethtown, Madisonville, and Pikeville, Kentucky. Call 502-589-4440 for a free confidential consultation.
Goldberg Simpson will help you recover financial compensation for your injuries, and generate the best outcome. Goldberg Simpson can help clients with Defective Medical Products, Drugs & Medical Devices claims throughout the greater Louisville area, including the Kentucky counties of Adair, Allen, Ballard, Barren, Breckinridge, Butler, Caldwell, Calloway, Carlisle, Christian, Clinton, Crittenden, Cumberland, Daviess, Edmonson, Fulton, Graves, Grayson, Green, Hansock, Hart, Henderson, Hickman, Hopkins, Livingston, Logan, Lyon, Marshall, McCracken, McLean, Metcalfe, Monroe, Muhlenberg, Ohio, Russell, Simpson, Todd, Trigg, Union, Warren, and Webster, as well as the Anderson, Bath, Bell, Boone, Bourbon, Boyd, Boyle, Bracken, Breathitt, Bullitt, Campbell, Carroll, Carter, Casey, Clark, Clay, Elliott, Estill, Fayette, Fleming, Floyd, Franklin, Gallatin, Garrard, Grant, Greenup, Hancock, Hansock, Hardin, Harlan, Harrison, Henry, Jackson, Jefferson, Jessamine, Johnson, Kenton, Knott, Knox, Larue, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, Madison, Magoffin, Marion, Martin, Mason, McCreary, Meade, Menifee, Mercer, Montgomery, Morgan, Nelson, Nicholas, Oldham, Owen, Owsley, Pendleton, Perry, Pike, Powell, Pulaski, Robertson, Rockcastle, Rowan, Scott, Shelby, Spencer, Taylor, Trimble, Washington, Wayne, Whitley, Wolfe and Woodford.