4 Tips for Filing a Lawsuit Against a Drug Manufacturer

In recent years, an increasing number of individuals have found themselves in the unfortunate position of suffering from the adverse effects of pharmaceutical drugs. These effects range from mild illnesses to severe health problems like cancer.

Take Tepezza as an example. It’s a medication that’s widely used for treating thyroid eye disease (TED). However, TorHoerman Law explains the drug has been found to cause permanent hearing loss or tinnitus in recent scientific studies. As revealed by this source, 65 percent of patients who used Tepezza experienced hearing loss or hearing problems. 

Later, many suffering from these adverse effects of the drug banded together to take legal action against the manufacturers of the drug. This led to the Tepezza lawsuit. The Tepezza victims filed lawsuits to seek compensation for damages and losses they had incurred because of the effects of this drug.

Filing a lawsuit against a pharmaceutical company can be a complex and challenging process. However, it is a route that some individuals pursue in their pursuit of justice and compensation. If you, too, are considering filing a lawsuit against a drug manufacturer, here are a few important tips to keep in mind.

Consult an Experienced Attorney

One of the most critical steps in pursuing a lawsuit against a drug manufacturer is to seek legal counsel from an experienced attorney. 

As reported by Statista, the US has over 1.33 million lawyers as of 2022. From here, you need someone who specializes in pharmaceutical litigation. 

Lawsuits against drug manufacturers can be highly intricate, involving complex legal and medical issues. An experienced attorney will have the expertise to navigate the complexities of the case, gather evidence, communicate with experts, and present a strong argument on your behalf.

Establish Causation

To succeed in a lawsuit against a drug manufacturer, you must establish a clear link between the medication and the injuries or illnesses you have experienced. This requires expert medical testimony to demonstrate that the drug was the direct cause of your condition. 

The Tepezza case we talked about at the start needed a similar push. Once the scientific reports started coming in, the acquisitions had solid grounds. That’s when the case gathered momentum.

Your attorney will work with medical professionals who can provide a comprehensive analysis of your medical history and the drug’s effects on your health. They will also work with other victims of the drug’s effects and see if they can collect more evidence and witnesses. 

Collect Evidence

Gathering relevant evidence is crucial in building a strong case against a drug manufacturer. This may include medical records, prescriptions, pharmacy records, and documentation of adverse reactions. 

Any communications with your healthcare providers regarding the drug in question can also count as evidence in some cases. Your attorney will guide you through the process of collecting and preserving this evidence to support your claim.

According to the Byline Times, over 11,000 legal cases collapsed due to a lack of evidence between October 2018 and June 2020. Without proper evidence, your case could fall as well. In a worst-case scenario, the company you went after might file a defamation lawsuit against you. That’s because you tried to question their products without proper evidence, and that counts as an attempt to defame them. 

Therefore, never take legal action unless you are confident that you have the evidence to back you up. 

Explore Class Action or Mass Tort Options

Depending on the circumstances of your case, it might be beneficial to join a class action lawsuit or a mass tort action against the drug manufacturer. In a class action, multiple plaintiffs with similar claims consolidate their cases into a single lawsuit. 

Mass tort actions, on the other hand, involve multiple plaintiffs filing individual lawsuits that are centralized in one court for coordinated proceedings. These options can provide a more efficient and cost-effective way to pursue legal action while increasing the collective strength of plaintiffs’ claims.

Conclusion

Filing a lawsuit against a drug manufacturer is not a swift or straightforward process. It can take months or even years to reach a resolution. During this time, you may be required to provide additional information, attend depositions, and participate in legal proceedings. 

You must also plan ahead before you seek legal action and the help of an attorney. Keeping these tips in mind will help you navigate this whole process a lot better. They will also help you prepare for the case and ensure that you’re giving it your all and aiming for a win.