Prescription drugs and medical devices are often the cause of all kinds of litigation against manufacturers. These manufacturers spend millions of dollars testing a drug for use by patients and must spend millions more to defend or settle claims from patients that allege the product injured them. If your company is under fire due to various allegations of defective drugs or medical devices, you should consult with an experienced Baltimore drug and medical device attorney today.
At Whitney, LLP, our diligent attorneys have been defending drug and medical device cases since the early 1980s. In the past three decades, our firm’s attorneys have successfully defended individual, MDL and putative class-action injury and wrongful death cases in multiple state and federal courts, serving as national, regional, lead and local counsel. Whitney, LLP has also defended personal injury claims arising out of the use of over-the-counter drug products in multiple jurisdictions.
The firm’s attorneys also have extensive experience in the investigation and resolution of pre-litigation claims involving both prescription and over-the-counter drug products. To schedule a free consultation to discuss cases that have been filed against your company, call Whitney, LLP at (410) 583-8000, or contact us online.
Common Prescription Drug and Medical Device Cases
With the high number of prescription drugs and medical devices that are manufactured and distributed throughout the United States, it is inevitable that some defective product claims will be filed. However, some defective product claims are more common than others. The following is a list of prescription drug and medical devices cases that our lawyers have defended.
Bendectin is a drug that was developed in the mid-1950s by the Wm. S. Merrell Company (now known as Merrell Dow Pharmaceuticals), and it was designed to combat morning sickness experienced by pregnant women. Bendectin went on to become the most popular form of treatment for pregnant women who frequently experience morning sickness.
In the 1980s, several lawsuits were filed against Merrell Dow alleging that Bendectin was causing children to be born with congenital disabilities. However, there was a plethora of scientific evidence that pointed to Bendectin being safe for women. Despite this evidence, Bendectin was discontinued by Merrell Dow. The rate of congenital disabilities was not affected when the drug was removed from circulation.
Fenfluramine and phentermine are substances that were approved by the Food and Drug Administration as diet aids. In the 1990s, the two substances were later combined into fen-phen because they were individually effective as a weight loss drug. Shortly after the drugs were combined, several users of the drug alleged that it caused heart disease and primary pulmonary hypertension (PPH).
Our attorneys were involved in defending a variety of fen-phen cases across state and federal courts. We understand the intricacies of handling complex defective drug claims, and we will work with you to protect your company from a lawsuit.
Other defective drug and medical device cases that our firm handles include:
- Diethylstilbestrol (DES)
- Testosterone patches
- Surgical mesh
- Sharps containers
- Sequential compression devices
This is not an exhaustive list. To learn more about the drug and medical device cases we defend, you should speak with one of our experienced Maryland defective drug defense lawyers.
Elements of a Defective Product Liability Claim
To prevail against a company for a defective product liability claim, a plaintiff must prove four elements. If a company is aware of what is required of a plaintiff at trial, they will have a head start on defending the claim against them. A plaintiff must prove the following four elements to receive damages from a drug or medical device manufacturer:
- The plaintiff suffered injuries or losses
- The drug or medical device did not operate as intended
- The defective drug or device caused the injury the plaintiff received
- The plaintiff used the drug or device exactly as the instructions stated
A plaintiff must prove all four of these elements to prevail in a claim against a manufacturer. It is also important to note that a plaintiff may attempt to file additional claims, like a personal injury claim. Our lawyers can help defend against these claims and adopt an adequate legal strategy for each claim.
Our Baltimore Defective Product Defense Lawyers are Prepared to Represent You
If your drug or medical device is the subject of litigation, you should contact an experienced Baltimore defective product lawyer today. At Whitney, LLP, our lawyers are dedicated to helping your company pursue a desirable outcome to your case. Whitney, LLP’s experience defending medical device personal injury claims extends across the nation and includes individual state and federal cases as well as MDL litigation. The firm served as National Coordinating Counsel for a device manufacturer in an MDL that involved over 380 cases in 44 states and has also served as lead counsel in cases involving a variety of devices.
To schedule a free legal consultation, call Whitney, LLP at (410) 583-8000, or contact us online.