San Antonio Drug Injury Attorneys

Michael Grossman, San Antonio Personal Injury Attorney, Discusses Defective Drug Side Effect Injuries

• Types of Defective Drug Injuries
• Drug Products Liability Case
• Pharmaceutical Error Cases

Many people in the United States suffer from defective drug injuries every year.

In some cases, the effect of taking a defective drug (or taking the wrong drug for a given condition) is relatively mild, but in other cases, victims are severely injured and wish to seek compensation, in addition to bringing those responsible to justice. Defective drug injury lawsuits are very complex, but San Antonio defective drug injury attorney Michael Grossman from Grossman Law Offices has the experience necessary to help you build a strong case. He is here now to illustrate the different types of defective drug injury cases, and give you some insight into what you are up against.

Different Types of Defective Drug Injuries

When a victim is injured by taking a defective drug, the injury generally falls in one of two categories:

• Product liability cases: in this situation, a patient is injured due to the design or manufacture of the drug (i.e. Negative Hydroxycut Injuries)
• Pharmaceutical errors: in these cases, a patient is injured because of some type of pharmaceutical error. These injuries are further broken down into four categories:
  • The physician prescribed an incorrect dosage of the correct drug
  • The physician prescribed the incorrect drug
  • The pharmacist filled the prescription incorrectly by providing an incorrect dosage of the correct drug
  • The pharmacist filled the prescription incorrectly by providing the incorrect drug

The type of lawsuit you will file to seek compensation depends entirely on what type of injury you have suffered.

Drug Products Liability Case

If you have been hurt due to the design of the drug, you will be filing a product liability claim or lawsuit against the drug’s manufacturer. If successful, you can receive compensation for your medical bills, lost wages from time spent in the hospital, any lost earning capacity, as well as the mental and emotional turmoil caused by the incident.

The large majority of these types of cases result from drug manufacturers releasing drugs to the public before they have been extensively tested. For drug manufacturers, it all comes down to money, and they don’t earn any money by testing drugs for safety. In numerous cases in the past, drug manufacturers have faked test results or otherwise conducted safety tests unethically in order to get their drug onto the market faster – sometimes with disastrous consequences.

These cases are difficult for non-attorneys to win because drug manufacturers have a veritable army of defense lawyers on their side. These lawyers have years of experience denying insurance claims like yours. They know how to effectively argue that your injuries were caused by something – anything – other than their client’s drug. Arguing against this type of claim requires specific legal tactics that a non-attorney simply does not possess. Having knowledge of the law is not enough. Experienced attorneys can beat these claims because they have experience arguing against them, and they thoroughly understand the laws surrounding drug liability. Defective drug injury lawyer Michael Grossman knows how to build a strong case against a drug manufacturer, and he can make sure that you do not succumb to the common pitfalls in drug injury cases.

However, you must be careful when looking at law firms to represent your case. Many law firms advertise the fact that they accept defective drug injury cases, but in fact, they simply subcontract the case out to a larger law firm and then reap the rewards. Not only does this increase your legal fees, but you do not know anything about the firm actually working on your case. Grossman Law Offices does not ever subcontract any of our cases. If you hire our firm to take your case, you can be sure that we will be handling it from beginning to end.

Pharmaceutical Error Cases

In cases involving injuries caused by pharmaceutical errors, you will be filing a San Antonio medical malpractice suit against the doctor or pharmacist (or both) responsible for your injuries. This is very different from a drug product liability case, and presents unique challenges. Medical malpractice lawsuits are some of the most complex personal injury cases in the legal world, and put simply, non-attorneys simply cannot succeed on their own. Many personal injury law firms have even stopped accepting medical malpractice cases. What makes these lawsuits so complex?

In recent years, lawmakers felt that medical professionals were too vulnerable to frivolous lawsuits, and so they enacted a wave of tort reform designed to protect medical professionals from these lawsuits. A side effect of this tort reform was that people with legitimate claims suddenly found it much more difficult to seek compensation. There is now a cap on the amount of money that an injured patient may recover in a medical malpractice case, and these cases now must meet a higher standard of proof than ever before. Your case must be presented in a very specific way if you are to receive any compensation at all.

Due to this level of complexity, many law firms have abandoned these cases altogether. However, the legal professionals at Grossman Law Offices have twenty years of experience, and we are intimately familiar with Texas medical malpractice law – both before and since the tort reform. We know what it takes to build a strong medical malpractice case, and we can fight aggressively to make sure that you receive the compensation you deserve in a medical malpractice lawsuit.

Furthermore, we understand Texas product liability law, and if you have been hurt due to a defective drug, we know how to bring a lawsuit against the drug’s manufacturer. In some cases, you may be eligible to bring a medical malpractice lawsuit and a drug liability lawsuit if a doctor knowingly prescribed a dangerous drug to you. As you might imagine, these types of cases are even more complex, but our attorneys can help you.

We are not intimidated by this level of legal complexity, as we have successfully resolved hundreds of medical malpractice and drug liability cases. Insurance companies and defense lawyers are aware of our successful track record, and they often cooperate fully with our settlement demands simply because they do not wish to face our attorneys in court. This means that we can often secure a sizable settlement for you and your family without the hassle of taking your case to court. In other words, our firm will fight to protect your rights and get you the settlement you need to get back on your feet as quickly as possible. If you or someone in your family has been injured due to a drug, whether defective or not, contact experienced San Antonio defective drug injury lawyer Michael Grossman from Grossman Law Offices today. Let our firm help you seek the compensation you need and the justice you deserve.