Many products are on the market, and sometimes people suffer injuries from using these products. Prescription drugs are considered a product even though they are used for the betterment of a person. When a precipitation drug like Ozempic causes you more harm than good, you may have a legal claim. However, you should speak to a product liability attorney after you are diagnosed with gastroparesis. The key is finding the right defective product lawyer. The right attorney and law firm will be instrumental in the success of your case, so how do you choose?
What to look for in a product liability attorney
There are several factors you should consider when consulting with product liability attorneys. First, you should discuss their experience. Some questions you can ask to gage how experienced an attorney is include:
- How long they have been practicing
- How long they have handled cases within this specific area of law
- How many similar cases has the attorney handled
- What are the results of a similar case
You will also want to discuss their educational background, such as where they went to school and what areas they specialized in. You also want to ask about their background in medical devices and drugs. There are also opportunities for attorneys to take additional courses in specific subjects. If your attorney has, this can be a plus.
Product liability falls under the general category of personal injury law. Theoretically, any personal injury attorney in your area can handle a product liability case. However, you will want an attorney who focuses on defective product claims. Your attorney should also have experience handling cases involving medical devices and drugs. You want an attorney with substantial experience with the specific drug that harmed you. They should be able to explain the law and how it applies to your case; when looking for specializations, you can research if the attorney is a part of any organizations relevant to your claim.
Verdicts and similar cases
When an attorney takes your case, they do so because there is merit, which means they will likely obtain a favorable outcome. Personal injury attorneys typically work on a contingency fee basis, so they only get paid for their service if they win your case. Product liability cases can be expensive and require substantial time and financial investments. You need a law firm that can handle your case.
When discussing your case with a potential attorney, discuss whether they have handled similar cases and if they have been successful. Your attorney should have a track record of success in medical device and prescription drug cases. You can ask for examples of similar cases and general case results in this area. This can give you an idea of your potential success.
Types of defective products
There are different types of product defects that you may encounter. The Ozempic lawsuit has several parts, but failure to warn is the most significant concern. Most product liability cases will fall under the following categories:
- Design defect: the first part of getting a product to consumers is designing it. If the defect is due to a design error, it impacts the entire product line. This can lead manufacturers to issue recalls and even stop sales altogether.
- Manufacturing defect: when the defect happens during manufacturing, the factory and others involved could be responsible. Sometimes, it is only a few products, and the rest are fine.
- Failure to warn: manufacturers should provide warnings about side effects and how to use the product effectively. Failing to warn consumers is a significant issue as it can lead to preventable injuries.
Does your case fall under product liability?
You should consider some criteria that can determine whether you are eligible for a product liability case. First is determining liability, which refers to the party responsible for the defect. Your case should also fall into one of the product defect categories discussed in the previous section. Consumers use millions of products daily. Most products do not cause any issues, but sometimes there is a defect that is life-altering. The gastroparesis lawsuit has specific requirements for plaintiffs especially regarding side effects, including:
- Severe diarrhea
- Gastrointestinal burning
- Severe abdominal pain
- Excessive vomiting
- Gastrointestinal injuries
When the injury results from misusing the product, then it is unlikely that the consumer can file a claim. However, if you were using the product as intended, such as with Ozempic, and you suffered an injury, you could have a claim. Even when the manufacturer is responsible, you will have to prove it. Once you do, then you can obtain compensation. This is an arduous process; you should speak to a product liability attorney for assistance.
Receiving compensation for product liability claims
Since product liability cases are some of the most involved, litigation can take years. If the case meets specific criteria, it can be put into a multi-district lawsuit, which can affect the timeline. Sometimes, this can shorten the timeframe for you to obtain compensation. Other times, it can extend it. It may come down to when you enter the MDL, as the further along it is, the closer to a settlement it can be. You could be eligible for payment for:
- Lost wages
- Medical expenses
- Pain and suffering
- Ongoing medical care
- Loss of enjoyment of life
Call Kwartler Manus, LLC today
If you have stomach paralysis or other gastrointestinal issues after using Ozempic or similar medications, you may have a legal claim. Speak to our knowledgeable product liability attorneys. We can provide you with legal guidance to get through this complex situation. Schedule an initial consultation by calling our offices today.