Indianapolis Pharmaceutical Drug & Medical Device Litigation Lawyer

Understanding Pharmaceutical and Medical Device Litigation

When pharmaceutical companies and medical device manufacturers release products that cause harm, victims deserve compensation. These cases involve unique legal and scientific challenges that require specific knowledge and resources.

How Dangerous Drugs and Devices Reach the Market

Despite FDA oversight, harmful products still reach consumers through several pathways:

• Inadequate testing: Companies sometimes rush clinical trials or design studies that minimize the appearance of side effects.
• Failure to warn: Manufacturers may downplay known risks or fail to properly warn doctors and patients about potential complications.
• Manufacturing defects: Quality control issues can lead to contaminated drugs or poorly constructed devices.
• Design flaws: Some products have inherent design problems that make them unreasonably dangerous.
• Marketing violations: Companies may promote products for unapproved "off-label" uses, exposing patients to unknown risks.

The FDA recall system often reacts slowly, leaving many people injured before action is taken. Our attorneys track FDA warnings, adverse event reports, and scientific studies to identify problematic products early.

Types of Pharmaceutical and Medical Device Cases

Pharmaceutical and medical device litigation generally falls into three categories:

• Individual lawsuits: These cases represent a single person against a pharmaceutical company or device manufacturer.
• Mass tort litigation: When many individuals file separate lawsuits against the same company for similar injuries from the same product.
• Class action lawsuits: Where a small group represents a larger class of similarly affected individuals in a single lawsuit.

Each approach has advantages and considerations. Our attorneys evaluate your situation to determine the most effective strategy for your case.

Common Injuries from Pharmaceutical Drugs and Medical Devices

Defective drugs and medical devices can cause life-changing injuries, including:

• Organ damage: Many pharmaceuticals can cause liver, kidney, or heart damage that may be permanent.
• Internal bleeding: Blood thinners, certain supplements, and some medical devices have been linked to dangerous bleeding.
• Neurological damage: Some drugs cross the blood-brain barrier and cause cognitive issues, seizures, or neuropathy.
• Cancer: Certain medications and implants have been associated with increased cancer risk.
• Birth defects: Medications taken during pregnancy may harm developing fetuses.
• Device migration or breakage: Implants can move from their intended position or fracture inside the body.
• Metal poisoning: Some metal implants release particles that cause systemic toxicity.
• Infection: Medical devices may harbor bacteria or create conditions for infection.
• Autoimmune reactions: Some drugs trigger the immune system to attack the body's own tissues.

These injuries often require extensive medical treatment, may prevent you from working, and can permanently alter your quality of life.

What Makes These Cases Challenging?

Pharmaceutical and medical device cases present unique difficulties, including:

• Scientific complexity: These cases require understanding complex medical and scientific concepts.
• Powerful defendants: Drug and device companies have vast resources to fight litigation.
• Causation hurdles: Proving that a specific product caused your injury can be challenging.
• Preemption defenses: Companies often claim that FDA approval shields them from liability.
• Statutes of limitations: These cases are time-sensitive, with specific deadlines for filing claims.

Our attorneys have successfully overcome these challenges for hundreds of clients, securing compensation that acknowledges the full impact of their injuries.