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What Damages Can I Recover from a Pharmaceutical Litigation?

Victims of defective drugs can be compensated for their medical expenses, lost earnings, pain and suffering, future medical care and loss of earning capacity. Depending on whether there were other factors involved, the age of the patient, the severity of the injury etc., damages differ greatly.

Pharmaceutical litigation involves legal claims against drug manufacturing companies filed by victims who suffered serious side effects or injuries due to a dangerous drug. These lawsuits can be filed in one of the following situations:

  • the severe side effects of the drug were not made clear;
  • the damages of the long-term use were not specified;
  • the drug has been recalled;
  • the drug was marketed without proper testing of side effects;
  • the drug should not be on the market at all.

If any of these cases occurred and patients were injured as a result, they can file a pharmaceutical lawsuit. Of course, claims can be settled outside a courtroom, in case, the lawyer of the plaintiff and those of the pharmaceutical company reach a satisfying agreement. If negotiations fail, the case will proceed to court. But how much compensation can injured patients obtain?

According to the law, victims of defective drugs can be compensated for their medical expenses, lost earnings during recovery, pain, and suffering, future medical care and loss of earning capacity. However, in reality, things are more complicated and every case is different.

In pharmaceutical litigation, each case is examined to establish other possible causes that lead to injuries. It is rarely admitted that the defective drug is the only factor responsible for the patient's injuries. The individual's general health, diet, age and other conditions will be examined, and medical experts will determine the percent in which the drug contributed to the injuries. According to that percentage, the drug manufacturing company will cover the costs of the injury.

Usually, the settlements received by surviving patients are between $10,000 and $100,000. If the injured patient is elderly, the compensation is not going to be particularly high. More consistent damages can be received in case the injured patient is a child, or is a newborn who suffered injury as a result of the prescription drugs taken by the mother. Even so, multi-million settlements are extremely rare.

Another issue patients should consider is that between filing a complaint and actually receiving damages, there could be a considerable time difference of up to 2 years or more. During all this time, victims of defective drugs will have to pay medical bills and other related costs out of pocket.

If you need legal representation in a pharmaceutical case call our Miami based office today at 305.416.9805.

For questions and free legal advice to help individuals please call us

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.