Chattanooga Drug Injury Lawyers | TN Dangerous Drug Attorney | Chattanooga Medical Device Lawyers
Chattanooga Drug Injury Lawsuits & Chattanooga Drug Recall Lawsuits
As a nation, we rely upon pills to “fix” whatever it is that ails us — from heartburn to allergies, high blood pressure to arthritis, and insomnia to restless leg syndrome. The drug companies invest billions of dollars into research each year, developing and marketing drugs for consumer use. Last year alone, the pharmaceutical industry invested some $12.6 billion in new drug development. And, historically, the amount invested in drug development has doubled every five years. This can be a good thing. Sometimes, however, the “push” by the manufacturer to get a drug onto the market can cause health problems for unknowing consumers, often much more serious than the ailment the drug was being used to treat in the first place.
Chattanooga residents take prescription and over-the-counter drugs each day and suffer from a variety of unnecessary, drug-related side effects. It is in these situations that a Chattanooga drug recall attorney can help you.
Dangerous and defective drugs are rampant on the market, primarily due to the large pharmaceutical companies that release risky drugs in the hopes of turning a profit. Over the past two decades, these companies have put increasing pressure on the Food and Drug Administration (FDA) to grant approvals faster and to implement less stringent testing processes. Of course, there are official channels and federal regulations that these companies must comply with in order to release their drugs, but the FDA will still approve a drug as long as its dangerous side effects are relatively rare.
Unfortunately, sometimes when the FDA approves a drug it is later discovered that it causes many more medical problems and harmful side effects than initially projected. In fact, the FDA itself has admitted that not all serious adverse reactions to prescription drugs are documented when drugs it approves hit the market. Consumer Reports found that one out of every six Americans has experienced a prescription drug related side effect serious enough to require medical treatment in a hospital. Imagine if one out of every six of your friends or family members in Chattanooga, Tennessee were hospitalized due to adverse reactions to their medications!
Occasionally, pharmaceutical companies end up recalling drugs when the side effects and complications are too dangerous. Other times, however, the drugs are never recalled at all. The result is that injuries and ailments both in Tennessee and across the country are commonplace and Chattanooga dangerous drug injuries are often overlooked. If you are a victim of a dangerous drug or medical device, contact a Chattanooga drug injury attorney or Chattanooga medical device lawyer today for a consultation regarding your legal rights.
What is the process for the Food & Drug Administration (FDA) for allowing a drug to be sold? Is there a similar process for medical device approval?
The FDA approval process occurs toward the end of the drug development process. This means that the drug manufacturer has already invested a lot of money before the FDA ever sees the potential drug and, if it is not approved, the manufacturer will lose a significant amount of money. These companies are “for profit” companies and they will do almost anything to get their drugs approved. Finally, the FDA, like all governmental units, is always under-funded. Thus, the FDA actually looks to the drug manufacturing companies to provide money and research assistance to reach its conclusion on the safety of the drug. This poses a very real conflict of interest that can ultimately prove harmful — even lethal — for Chattanooga consumers.
For a medical device to be marketed to consumers, it must first be approved by a division of the FDA known as the Center for Devices and Radiological Health (CDRH). This agency is responsible for testing and approving every medical device to ensure that it will be safe and effective for consumers to use. The FDA may request a voluntary recall by the manufacturer or issue one itself if the device is found to be unreasonably dangerous or defective; however, as with dangerous drugs, many devices are introduced into the market that end up causing excruciating pain and suffering, or even death, to consumers.
Who brings Chattanooga, TN drug injury lawsuits and medical device cases?
Chattanooga and Hamilton County drug injury lawsuits and medical device cases are brought by persons when a dangerous drug causes them injury. Usually, the product is known to be potentially dangerous and is sold without a proper warning to the consumer. It does not matter if the drug is received via prescription or over-the-counter in a local Chattanooga area drugstore. If you or a loved one has suffered injury and you believe that a dangerous drug or medical device is to blame, contact a Chattanooga drug recall attorney today.
Additionally, in Tennessee, the spouse of a person injured by a dangerous drug or medical device may bring a loss of consortium claim for any damages to their marital relationship resulting from the dangerous drug or device. A loss of consortium claim encompasses a broad spectrum of damages, including loss of love, affection, support, companionship and sexual relations. Thus, spouses may also wish to speak with a Chattanooga drug recall lawyer if their loved one was injured or died as the result of a dangerous drug or device.
If you would like to report a problem regarding an FDA-regulated product or device directly to the FDA, please visit and follow the reporting procedure at the FDA website. Also make sure to contact an experienced Chattanooga drug injury attorney regarding your legal rights.
To read the Tennessee Products Liability Statute, click here.
What are the duties of a drug manufacturer or pharmaceutical company regarding the safety of their products?
The obligation of a drug manufacturer is to make a safe product. This includes the obligation to design, manufacture, inspect, and label a drug or medical device product appropriately. They must provide patients and physicians complete safety information about their product. If a drug manufacturer fails to warn the public about any serious side effects associated with taking its drugs and the drug is responsible for causing you harm, then the company can be held liable for medical expenses, therapy and treatment, lost income, and non-economic damages, such as pain and suffering.
Serious side effects related to the use of dangerous prescription drugs include:
- Heart attack
- Bone fractures
- Psychological imbalances
- Birth defects
- Kidney failure
- Cardiovascular problems
- Stevens Johnson Syndrome
- Sleepwalking, sleepdriving, and amnesia
- Multiple Sclerosis
If you or a loved one has experienced a serious side effect as a result of an unreasonably dangerous drug or medical device, you are entitled to compensation from the manufacturer. Contact a local Chattanooga products liability attorney today.
The following dangerous or defective medical devices are also responsible for Chattanooga injuries and deaths:
The following is a list of dangerous drugs that may have harmed you or a loved one:
This list is by no means exclusive. If you or a family member has suffered a serious reaction or death due to a dangerous drug or medical device, you might be entitled to compensation from the company that markets and manufactures the drug. Contact a Chattanooga drug recall attorney or Hamilton County drug recall attorney today to help you protect your rights.
Drug related injuries are caused by:
- Drugs sold without warnings as to the hazards of use with certain other drugs;
- Drugs sold with side effects; and
- Drugs sold that tend to cause long term use, or withdrawal symptoms that occur when trying to reduce the dosage or quit using the drug altogether.
Types of Drug Labels and “Black Box” Warnings
A black box warning is a type of warning that appears on the package insert for prescription drugs that may cause serious adverse effects. It means that medical studies indicate that the drug carries a significant risk of serious or even life-threatening adverse effects. The FDA can require a pharmaceutical company to place a black box warning on the labeling of a prescription drug, or in literature describing it. It is the strongest warning that the FDA requires. These so-called “black box” warnings have even been placed on anti-depressants for children, since an alarming number of children have committed suicide while taking anti-depressants.
Also, the FDA has supplied guidance on what should be included as to drug reactions, and how adverse reactions should be presented in drug warnings. A Chattanooga, TN drug recall lawyer can advise you on whether a proper warning is present on a drug you have taken and whether you may have a claim against the manufacturer
What are the ways Chattanooga, Tennessee, residents can bring lawsuits for Defective Drugs or Medical Devices?
Chattanooga drug injury lawsuits may be brought in three different ways:
- individually, in Hamilton County Circuit Court or Hamilton County General Sessions Court;
- as a group, through Drug Injury Class Action lawsuits; or,
- as a group, through Multi-District Litigation.
See below for more information on Chattanooga, Tennessee class action lawsuits and multi-district litigation suits involving dangerous drugs and devices. Chattanooga drug recall attorneys are some of the best in the nation and are able to bring multi-district or class action lawsuits in defective drugs cases. Click here to read the Tennessee Products Liability Statute.
Chattanooga Drug Class Actions
Chattanooga Drug Class Action lawsuits allow many people to sue the same pharmaceutical company or medical device lawyer at once. One person represents the entire class of people and a team of lawyers handles all the hard work. There are obstacles to bringing this type of lawsuit, but when these suits are successful, they can result in large monetary awards while requiring less effort from the victims.
Multi-District Litigation (MDL) Drug Lawsuits
Often, drug manufacturers will try to consolidate many individual lawsuits that are filed in various areas of the country into one central region of the country. This request is made under 28 U.S.C. § 1447. Examples of MDLs pertaining to drugs are:
- Bayer Aspirin
- Epogen & Aranesp
- Vytorin & Zetia
If an MDL has been formed pertaining to a drug that you took and from which you may have suffered adverse effects, it is essential that you retain a lawyer that actively practices in Federal Court and is familiar with the very specialized practice in MDL. Chattanooga products liability attorneys are experienced in handling MDL and complex class actions lawsuits.
Who may be Liable for a Drug Injury or Medical Device Injury?
The designer, manufacturer, and others involved in the chain of commerce, including the distribution of the products that caused the injury or illness, can be held liable for injuries and illnesses caused by the defective drug or medical device product. Chattanooga drug injury lawyers will identify and pursue claims against all potentially liable parties.
Steps to make a claim for Chattanooga defective drug injuries & Chattanooga defective medical device injuries:
You must be able to prove that you took the drug. If it was purchased over-the-counter, then a receipt or a credit card statement would do. Sometimes it can take years to discover that a medication could be dangerous or otherwise defective, and this typically occurs after several people have already suffered debilitating injuries or wrongful death due to their use of the product. Obviously, if it was a prescription medication, proving that you took it is much simpler, but you should always do your best to document and record all pertinent evidence relating to your use of the drug and the effects that you suffered as a result;
You need to show that the drug or medical device caused a physical injury or illness (including psychological and/or mental illness) as the result of a defect in the medication or device, or its labeling;
- If you or a loved one has been injured or has fallen ill due to what you believe is a defective drug product or device, do not delay in seeking immediate medical attention, as prompt diagnosis and treatment may help to avoid irreparable damage. It is also important to take immediate legal action, as restrictive Statutes of Limitations can prevent you from collecting the compensation to which you are entitled. Successful defective drug litigation sends a clear message to the pharmaceutical industry about accountability and consumer safety. For more information, contact one of the skilled Chattanooga defective drug litigation attorneys listed at the top of this page.
How can a Chattanooga Drug Recall Attorney or Chattanooga Defective Medical Device Attorney help you?
An experienced lawyer can help you recover the money you deserve. Tennessee law limits the amount of time you have to file a lawsuit under something known as a Statute of Limitations. After the applicable time period has passed, you may be legally barred from exercising your rights. In Tennessee, the limitations period is one (1) year from the date that the cause of action accrues, which is usually the time of injury. If you or a loved one has experienced a severe adverse reaction to a prescription or over-the-counter drug, or to a medical device, it is in your best interest to contact a Chattanooga personal injury attorney who will fight to get you the settlement you deserve. Contact one of the attorneys listed at the top of this page for a consultation regarding your injury before Tennessee’s one-year limitations period expires and your right to financial compensation has been forfeited!
Successful defective drug and medical device litigation sends a clear message to the pharmaceutical industry about accountability and consumer safety. A qualified defective drug lawyer can uncover all of your legal rights and discuss your litigation options with you.
Some of the courts in which a Hamilton County Defective Medical Device law firm may file your case:
Hamilton County Circuit Court
Hamilton County Chancery Court
Hamilton County General Sessions Court
Helpful Resources for Chattanooga Residents
FDA site for Drug Recall and Drug Safety Alerts
FDA site for Dangerous Drugs
FDA site for Defective Medical Devices & Center for Devices and Radiological Health (CDRH)
MedWatch is an online system whereby consumers can report serious reactions and side effects from medications, dietary supplements, and herbal remedies. The FDA recommends consulting your doctor for help with filling out the forms.
FDA Contact Information
FDA Chattanooga District Office
Hospitals in the Hamilton County Area
Erlanger Health System - Main Site
Erlanger East Urgent Care
Erlanger East Comprehensive
Dodson Avenue Community Health Center
HealthSouth Chattanooga Rehabilitation Hospital
Kindred Hospital Chattanooga
Parkridge Medical Center
Park Ridge East Hospital
Siskin Hospital for Physical Rehabilitation, Inc.
VA TN Valley Healthcare System
Personal Injury Attorneys Serve Chattanooga and Surrounding Cities
Serving clients throughout Southern Tennessee, including Athens, Bakewell, Beverly Hills, Boynton, Chattanooga, Chickamauga, Cleveland, Collegedale, Coulterville, Dalton, East Ridge, Fairmount,Fayetteville, Flat Top, Fort Oglethorp, Harrison, Indian Springs, Kimball, Lynchburg, Manchester, McMinnville, Ooltewah, Red Bank, Ringgold, Saint Elmo, Signal Mountain, Silverdale, Soddy-Daisy, South Cleveland, South Pittsburg, Sweetwater, Trenton, Tullahoma, Whiteside, Wildwood, Winchester, areas in the vicinity of Lovell Field Airport, and other communities in Hamilton County, Marion County, and Rhea County.
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