If You've Received a Drug or Pharmacy Injury
Discuss Your Case With Our Dallas Lawyers
Laws in the State of Texas make drug injury cases highly technical cases that require a high standard of proof. The only chance for success is to choose the right law firm to represent you. The experienced drug and
pharmacy injury attorneys of Grossman Law Offices can help you get all that you are entitled to.
What makes drug injury cases so challenging?
Aside from the obvious highly technical medical nature of the case, drug injury cases are often subject to legal technicalities that make them too complicated for many law firms to even attempt. The specific reasons that make these cases challenging depends on the type of drug injury case.
Types of drug injury cases:
Drug injury cases generally fall into two distinct categories:
- Products Liability or injuries due to the design of the drug (IE: Hydroxycut)
- Pharmaceutical Error or injuries due to improper implementation of the drug (medical malpractice in the form of wrong dosage, inaccurately prescribed, wrong drug accidentally substituted)
Injuries due to the design of the drug:
When the design of the drug itself is said to be defective the case is known as a drug products liability case. In a drug products liability case the plaintiff will generally seek recovery from the drug's manufacturer for damages that the plaintiff has suffered. The vast majority of these cases occur because the manufacturer of the drug will release the drug to the open market before enough testing has been conducted to determine the long term possibility of dangerous side effects. In a market as large as America it is only a matter of time before these side effects begin to surface.
These cases are challenging because the defendants often have an army of attorneys with virtually unlimited resources to back their every move. It is often believed that these companies will deliberately alter results in order to cover their tracks and avoid a payout. When facing such odds it is crucial that victims of drug injuries have adequate legal representation.
A little known fact is that many law firms will advertise that they take these types of cases when in fact they are simply acting as "middle men". They are really interested in getting the client to sign a contract with them only to subcontract the case out to a larger firm with the resources to take on the big pharmaceutical companies. Grossman Law Offices does not take this approach to such important legal issues, rather we represent our clients from start to finish.
Injuries due to improper implementation of a drug:
While many "middle men" attorneys out there attempt to capitalize on the efforts of other law firms in cases against large pharmaceutical companies, the exact opposite usually occurs when the drug injury comes at the hands of doctors or pharmacists. Injuries related to the improper implementation of a drug are generally the result of a doctor prescribing the wrong drug or the wrong dosage of the right drug, the pharmacist providing the wrong dosage of the right drug, or the pharmacist simply provides the wrong drug altogether. When the drug injury is the result of the actions of a doctor or pharmacist the case is considered to be a type of
medical malpractice.
You may ask yourself, "Why is it so hard to find an
improper drug implementation lawyer to take my medical malpractice pharmaceutical injury case"? & "Why does Grossman Law Offices still help clients with drug injuries when others don't".
The answer to both questions has to do with a variety of legal statutes that have been indoctrinated in recent history. Several years ago Texas lawmakers felt it necessary to protect doctors from frivolous lawsuits by enacting tort reform statutes which effectively cap the amount of damages that a doctor can be sued for. Critics of tort reform site that in an attempt to deter frivolous law suits those who are genuinely and wrongly injured by physicians suffer as well.
In addition to capping the amount of recovery that can come from a drug related injury case, these cases also require a high standard of proof. In other words it is harder to prove that the accident is worthy of a law suit in the eyes of the court. Drug related injuries that would, at one point in time, have easily been considered valid candidates for compensation are now put through greater scrutiny.
As a result most attorneys will not take these types of drug and pharmaceutical injury cases.
Fortunately, we are not afraid of a challenge and we still believe that those who suffer at the hands of medical professionals are still entitled to fair compensation for their injuries. For the past 20 years we have helped the victims of drug and pharmaceutical injuries get what they deserve by way or our keen understanding of
medical malpractice laws.
Some of our recent Texas drug & pharmaceutical injury case successes:
Total Recovery: $625,000.00
Attorney Fees: $206,250
Litigation Expenses: $5,000
Total Recovery: $30,000.00
Attorney Fees: $10,000
Litigation Expenses: $500