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St. Louis Dangerous and Defective Drug Attorneys
Have You Faced Serious Medical Conditions Due to Unexpected Side Effects?
Each patient has the right to informed consent before beginning any treatment, whether it’s a surgery or a new medication. That’s not possible when a pharmaceutical company hides the potential adverse effects of a drug from regulators and consumers. Patients who have trusted a medication only to develop a serious condition because of it often feel betrayed and angry. Had they known the true risks of a drug, they might not have taken it, especially if it was for a relatively mild symptom.
If you or a loved one is in this situation, you may be able to file a lawsuit to cover the medical costs and other damages a drug has caused you. Big pharma has spent so long profiting from others’ misfortune that its leaders may not even think about the effects of their work anymore. However, we know dangerous drugs have a serious impact on human lives.
Our experienced team is not afraid to take on a big corporation that released a medication without properly communicating its dangers. If you are ready to pursue justice, get in touch.
Speak to our experienced St. Louis trial lawyers at (800) 391-4318.
How Do Defective Drugs Make it to Market?
Selling any medication in the U.S. requires approval from the U.S. Food and Drug Administration (FDA), which signifies a product’s trustworthiness to consumers. Unfortunately, pharmaceutical companies have taken advantage of loopholes in our regulatory system and used their profits to buy more control over the approval process. The result is a large number of Americans—over 2 million—suffering serious side effects from approved drugs each year. Around 100,000 of these cases result in death.
Trials Are Designed by Pharmaceutical Companies
Each drug undergoes clinical tests before its widespread release. The results of these tests are passed on to the FDA as part of the approval process. However, just because tests have been performed doesn’t mean their results are accurate.
First, the sample size of clinical trials is relatively small—just hundreds, or sometimes a few thousand, people are enrolled. Second, the tests are typically short. They may catch immediate side effects like headaches and nausea but are unlikely to show long-term effects like an increased risk for cancer patients may develop over time. Third, pharmaceutical companies can choose a selection of healthy test subjects rather than a sample audience that reflects the different medical needs and conditions of those who will eventually use the drug.
Pharmaceutical Companies Have Rigged the Approval Process
Before allowing a drug on the market, the FDA will request proof from its manufacturer that the medication will help its target demographic more than it will harm them. Therefore, drugs with serious side effects can make it through the process if the company is convincing enough. Each new application for approval also requires the company that submitted it to pay “user fees” to the FDA. Because this money makes up a good portion of the agency’s funding, there is unspoken pressure to work with these companies to get their drugs on the market.
Without this pressure, the process would still be broken: The decision on a drug’s relative safety is not based on peer-reviewed data. The FDA does not run its own tests on new medications; it looks at the results of pharmaceutical company trials—which may be poorly designed in the first place—to determine whether a drug is beneficial. There’s nothing to stop companies from simply declining to share important information if it makes their product look bad, and often this is exactly what they do. Regulators cannot do anything when they are not given truthful information about a product.
When we are unaware of the side effects and other hidden dangers of a drug or medication, we take the risk of consuming something that can be even more harmful to us that the symptoms we’re trying to treat. For instance, Zantac, a popular drug to prevent heartburn, has recently been recalled for releasing the carcinogen NDMA into users’ bodies. Some people with chronic heartburn have been using the drug for an extended time period and may now be at risk for developing a deadly cancer.
Here are some other prominent cases Meyerkord & Kurth, LLC have handled:
If you have ever experienced any serious side effects you weren’t warned of, either from prescribed or over-the-counter medication, you should discuss a treatment plan with your doctor. Then, you should bring everything you know to one of our defective drug attorneys. Recovering from a medication-based injury can be difficult both emotionally and financially. We could be able to help you hold a pharmaceutical company accountable for lying to consumers.
Lawsuits Involving Recalled Medications
Many victims of dangerous drugs wonder if a recall will affect their ability to file a case and/or receive a settlement. Though it can play a role in the legal process, a company’s decision to pull a drug from the market is not a “guilty” plea on their behalf. As with any plaintiff in a defective drug suit, you will have to prove:
- The drug is directly connected to injuries you suffered
- The injuries caused you damages (tangible and intangible)
Therefore, while referencing a pharmaceutical company’s official statements on a drug, an FDA warning, or even the results in other, similar cases may be helpful in showing a jury how the drug caused a serious medical condition, it will not fulfill the requirement on its own.
Meyerkord & Kurth brings over 100 years of combined experience to the courtroom, including past victories against negligent pharmaceutical products. Arguing a dangerous or defective drug case is not easy. Pharmaceutical companies have seemingly endless resources to keep fighting, and they will offer technical arguments. You need experienced litigators on your side who can understand the scientific data being shared and provide a clear dispute.
Speak with our team today to see how we can help you. Call us at (800) 391-4318 to set up a free consultation.
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