With decades of experience as a defective drug lawyer handling recalled or defective drug cases, we’re here to help you.
In the rush to bring new products to market, manufacturers sometimes distribute drugs and devices before they have been properly tested or evaluated for safety, promise more than they deliver, or inadequately disclose dangerous side effects to doctors and consumers.
With so many drugs entering the market each year and the marked increase in television and print advertising by drug manufacturers, it is more important than ever to understand the information about the medications you are taking—and to have an experienced defective drug lawyer on your side to advocate for your rights.
FDA’s Role in Drug Safety and Oversight
The U.S. Food and Drug Administration (FDA) is responsible for ensuring the safety and effectiveness of pharmaceutical drugs and their ingredients through strict regulatory guidelines.
Despite these measures, defective drugs can still reach consumers, causing severe health risks. Failures such as inadequate testing or withholding known side effects often violate these regulations, making manufacturers liable for harm.
By understanding FDA oversight, a skilled defective drug lawyer can identify regulatory breaches and build a strong case. If you or a loved one has suffered due to a defective drug or device, consulting a defective drug lawyer Wisconsin trusts is crucial to protect your rights and seek compensation.
How do defective device cases in Milwaukee work?
After an injury involving a medical device, the legal path can feel opaque. A defective device case moves through deliberate stages that turn medical records, product data, and expert analysis into a documented claim. Along the way we preserve evidence, identify the device and lot, and work with independent specialists to connect the product to your injuries and calculate losses. Many cases resolve through negotiation once the facts are fully exchanged, while some proceed to trial. Our role is to manage deadlines, communication, and strategy so you can focus on your health.
- Intake and filing. We begin with a free review, collect medical and product details, send preservation letters, and file in the proper court or join coordinated proceedings if appropriate and timely.
- Investigation and discovery. Both sides exchange documents and testimony. We take depositions, verify the device and lot, and retain experts in design, manufacturing, warnings, and medicine to build liability and damages.
- Negotiation and resolution. With the record developed, we pursue settlement with the manufacturer or insurer and may use mediation. If resolved, we handle lien issues and finalize payment so you receive your net recovery promptly.
- Trial and post-trial. If no agreement is reached, a judge or jury decides liability and damages. Post-trial motions or appeals may follow, and we keep you informed at each step.
Types of Compensation for Drug Injury Cases
Victims of defective drugs often face significant physical, emotional, and financial burdens. A defective drug lawyer in Wisconsin residents trust can help you pursue compensation for a variety of damages, ensuring you receive the support you need to recover. Common types of compensation include:
- Medical Expenses: Covers hospital stays, treatments, medications, and ongoing care related to the drug injury.
- Lost Wages: Reimburses income lost during recovery and compensates for reduced earning capacity in the future.
- Pain and Suffering: Addresses the emotional and physical distress caused by the injury.
- Loss of Quality of Life: Compensation for long-term impacts such as chronic pain, disability, or inability to enjoy daily activities.
- Punitive Damages: In cases of gross negligence, punitive damages may be awarded to hold pharmaceutical companies accountable.
Every case is unique, and the types of compensation available, including the amount of damages incurred, depend on the specifics of your situation. Consulting an experienced defective drug lawyer ensures that all potential damages are considered, maximizing your financial recovery. If you’ve been affected by a defective drug, don’t hesitate to take action and secure the compensation you deserve.
Steps to Take If Harmed by a Drug or Medical Device
If a medication or medical device has caused harm, your health comes first. The steps below help protect your well-being and preserve important evidence while you consider your legal options.
- See a doctor promptly. Describe exactly what you took or used, when you started, and your symptoms. Do not stop a prescribed medication without medical guidance.
- Preserve the product and packaging. Save remaining pills, bottles, boxes, inserts, device parts, receipts, and prescription labels. Note lot or serial numbers if available.
- Keep accurate records. Track dates, symptoms, diagnoses, photos of injuries, missed work, and all costs such as copays, medications, and travel to appointments.
- Avoid self-negotiation with manufacturers or insurers. Do not give recorded statements, sign releases, or accept refunds or replacement products. Refer any contact to your attorney.
- Collect provider and pharmacy details. List all clinics, hospitals, doctors, and pharmacies involved in your care and keep copies of visit summaries.
- Report the issue. Consider filing an adverse event report with FDA MedWatch and keep a copy of your submission.
- Limit social media. Avoid posting about the injury or the product to prevent misunderstandings about your condition.
- Speak with an attorney early. Timely advice can help preserve evidence and meet important deadlines. Contact Murphy & Prachthauser for a free consultation.
Why are dangerous drugs and medical devices on the market?
Most manufacturers aim to meet safety standards, yet harmful products can still reach patients. When that happens, the cause often traces to negligent or intentional choices at different stages of development and release.
- Design flaws. Inadequate risk and benefit analysis, limited preclinical or clinical testing, unsafe materials, or poor usability can create hazards before a product is ever built.
- Manufacturing defects. Contamination, inconsistent dosing, substandard components, and weak quality control or supplier oversight can introduce new risks during production.
- Marketing and warnings. Labels and instructions may omit key dangers, minimize known risks, or fail to update as new information emerges. Some companies promote products for unapproved uses, increasing the chance of injury.
- Data handling and oversight. Selective reporting, delaying or withholding adverse results, and weak internal safety monitoring can keep doctors and patients from seeing the full risk picture.
- Speed to market and incentives. Compressed timelines and sales targets can pressure teams to cut corners on testing, documentation, or training.
- Post-market surveillance gaps. Ignoring early safety signals, slow responses to adverse event trends, or delayed recalls can allow preventable harm to continue.
These breakdowns are preventable. If you were harmed by a drug or device, contact Murphy & Prachthauser for a free consultation so we can review your situation and outline your options.