Every quarter the FDA issues the recall of products, medications, and other devices. A simple search online lists dozens of headlines that are worrisome — Massive Recall of Medical Devices or The Ten Worst Drug Recalls. They are often followed by words like “settlement, lawsuit, and injury.
Do you need a Lawyer? What happens if an FDA recall affects you?
A lot of what happens when an FDA recall affects you comes down to the recall itself. A good piece of advice is that gathering information never hurts your case. What that means is that if you have concerns about physical or mental effects of the recalled item or drug, then seek out a legal council so they can evaluate your legal case. That is really the first step in dealing with the aftermath when the FDA recalls a product or medicine.
To make that process easier, you can fill out our free case evaluation form. You might be eligible for compensation, but to determine that we need the details of your case.
Determining Injury — Step One in Starting a Lawsuit
A good example of an FDA recall that led to legal recourse is silicone breast implants. The use of those implants stems from a time when companies did not need FDA approval for all types of medical devices. Doctors implanted these devices for decades before the FDA acted. At the core of the issues is a failure of the manufacturer to adequately test the implants long-term.
a good law firm can tell you if you have a case. They look at the data available and determine the extent of your personal injury. That is the basis of what a personal injury lawsuit is — a dispute between an injured person and a person or company that may have caused the injury. What the lawyer who evaluates your case looks for is whether you have grounds for a formal lawsuit. That is just legal jargon for determining if you have a case or not. So to answer the question — Do I need a lawyer? — the answer is yes. Talking with a legal counsil is the very first step in determining the merits of your case.
What Will My Lawyer Do if I Have a Case?
The next step in the process is to discuss with you the strength of your case. Then you and your lawyer can decide to move forward or not. This process allows you to make a more informed decision about your legal rights. If you opt to move forward, then your lawyer will file a civil complaint that outlines your injury and the cause of your injury while naming the person or company responsible. In some cases, your lawsuit may turn into a class-action lawsuit that helps to provide compensation to all the victims involved in the recall.
What about Legal Settlements?
Depending on the strength of your case, the defendant may opt to settle the case out of court. That process we refer to as an informal settlement. Many FDA recall lawsuits end by an informal settlement. If the defendant offers you a settlement, you and your legal representative will need to negotiate the terms of that settlement and both sides will need to agree on those terms.
Legal Problems and Loop Holes
In some circumstances, the law limited the amount of time a plaintiff (you) has to file a legal case. That is one of the reasons why it is important to seek legal help as soon as possible. Waiting too long could mean the difference between the opportunity for compensation and being a victim without a legal course of action.
If you have concerns about the effects of an FDA recall, give our office a call and let one of our highly qualified lawyers review your case. There are no fees for consultations and the information you receive helps you decide what is best for you.