Defective Medical Drugs and Device Lawsuits – Questions and Answers

Q. How bad does a drug or medical device’s adverse effect have to be to file a lawsuit?

To file a case, you will have to show that you suffered a significant, permanent injury.

Q. Will I have to sue my doctor?

Generally not, although your attorney will decide whether your doctor played a substantial role in causing your injury. In our experience, doctors are misled as much as their patients. Manufacturers have also been found guilty of aggressively pushing doctors to use products for purposes for which they are not FDA-approved. When that happens we will not sue your doctor, but instead seek his or her assistance in your case. An attorney with Janet, Jenner & Suggs can advise you no matter which state you live in.

Q. How much will bringing a lawsuit cost me?

You will not have to pay any costs up front, and you will not be responsible for costs if you lose. If we recover a verdict or a settlement on your behalf, the law firm will deduct the costs it has advanced on your behalf from your portion of any recovery.

Q. My injury occurred years ago. Can I still sue?

It depends. The laws that govern when lawsuits can be filed, called “statutes of limitations”, vary by state. Generally speaking, states require that a suit be filed within two or three years from the date you knew or should have known that your injury was caused by a defective drug or product. In addition, depending on the state, minor children may have two or three years after they turn 18 years old to file a claim. A Janet, Jenner & Suggs attorney can advise you of your rights in the state in which you live.

Q. A family member died. Can I sue?

Again, it depends on what state you live in, as statutes governing who can bring a lawsuit differ greatly from state to state. If you are the spouse or minor child of a person who died as the result of medical drug or device negligence, you can sue based on your lost financial, emotional and other support. In many states, parents and adult children of a person who died from a defective drug or product can bring claims for their grief and suffering, as well.

Q. If the FDA approved the drug, can I sue?

Generally, yes. FDA approval of a drug does not mean it is safe for everyone, only that the FDA has found it effective and safe for its intended uses. Sometimes serious adverse effects do not surface for years until after a drug has been released to the public. Other times we learn that the drug has serious adverse effects when used with certain other drugs. FDA approval, therefore, does not prevent you from filing a claim.