Residents in the Lafayette area of Louisiana who have suffered adverse consequences of pharmaceutical and medical devices that physicians prescribed may not know where to turn. If you are facing mounting medical bills for complications following such treatment you may find comfort in knowing that your legal rights are protected by the Food and Drug Administration that regulates the safety of medical devices, drugs and food.
There are some safety concerns about these four products:
- Zofran — commonly prescribed to prevent nausea and vomiting in patients undergoing cancer chemotherapy, radiation, surgery and even pregnancy (although it is not approved for use by pregnant women)
- Risperdal — an antipsychotic medication typically used for the treatment of bipolar disorder, schizophrenia and autism-related irritability
- IVC filter — a small, cone-shaped device designed to capture blood clots. It is implanted in the large vein below the kidneys
- Transvaginal mesh — a net-like implant used to treat stress urinary incontinence and pelvic organ prolapse in women
What are your rights?
If a medical device or medication caused you harm, you are entitled to pursue compensation from the company whose product caused the complications. To bring a lawsuit against a company, one of the following legal theories must be present:
- Negligence — when the company is careless and fails to take suitable safety precautions
- Strict liability — when a significant defect in a product causes the harm
- Breach of warranty — when the manufacturer’s written, verbal or implied warranty of a product is not met
How can you exercise your rights?
If you are a victim of negative consequences or complications caused by a defective medical device or pharmaceutical product, you need not fight the battle against the manufacturer or other responsible parties on your own. An experienced products liability attorney in Lafayette and surrounding areas such as Lake Charles, Opelousas and Morgan City can provide the necessary support and guidance. You may also find comfort knowing that an attorney may handle the case on a contingency basis so that no financial commitment will be required in advance.