Lawsuit Rights In Drug Cases And Recall Injury

Drug companies seek lawsuit liability exemption for defective and harmful products.

Ahead of WYE - Wyeth (NYSE) and Pfizer Inc.(Public, NYSE:PFE) merger ... Do I Have A Lawsuit informs the people.

Drug companies seek liability exemption for defective and harmful products.



The concept of consequence has served as both a deterrent and a means of punishment throughout the history of mankind. The rules are simple, commit a crime, harm another human or simply commit acts outside the community norm and you will face consequences that are likely the standard rule of law in your particular situation, or in the instance of drug makers and medical device manufactures -- they should be held accountable.

 

But did you know that in the state of Michigan and possibly soon, the entire united states, that drug companies and medical device manufacturers are not being held accountable in lawsuits related to recalled and defective drugs with life altering side effects or flawed and failed implants and medical devices?

 

Up to this point, Michigan had been the only state that has failed to protect its citizens from negligent drug companies and unscrupulous implant and medical device companies. Since 1995 Michigan has taken the power of lawsuit off the table in cases dealing with some the nations worst recall offenders in the drug and medical device implant industry.

 

When Michigan passed their state law in 1995 with large sponsorship and support from "Upjohn" a Michigan drug company now owned by Pfizer, I wonder if they were consciously aware that in giving drug companies a free pass or what amounts to a liability exemption to lawsuit complaints that they were removing the proven method of consequence in protecting innocent citizens from defective failed implants and defective medicines with permanent side effects.

The right of the people to seek compensation when they are wronged is an integral part of American culture and helps to secure the bounds of civilization that holds us together. If the major drug companies succeed in declaring themselves immune or exempt from consequence in the form of judgments to pay punitive damages as a result of lawsuits related to defective or failed products, then the system will have failed the very people it was implemented to protect.

The current case before the supreme court involving Wyeth Pharmaceuticals, could possibly interfere with the rights of all American citizens to seek justice via lawsuit when we are harmed, injured or put in danger by products that were supposed to help, not hurt us. In this case Wyeth Pharmaceuticals has argued that drug makers and medical products companies should not be held accountable when the very products they produce cause injury , permanent side effects and sometimes even death.

Wyeth argues that once the FDA ( Food and Drug Administration) grants a manufacturer the right to market and sell its products in the United States, that the company should be exempt from liability and shielded from lawsuits brought forth by victims of their defective products.

 

This is a ridiculous argument and a direct insult to you as a citizen.

As consumers and patients, we have a right to certain protections under the constitution as well as protections granted to us by the laws governing our society. We have a right to file a lawsuit and seek compensation whenever it is justifiable and within reason, and if the injury or death of a man , woman , or child due to the negligence of others is not reason enough, then this concerned crusader has no idea what is.

The case before the Supreme Court involves a victim by the name of Diana Levine. Diana had suffered a severe migraine headache and decided to visit her local emergency room for diagnosis and treatment. At some point during her emergency room visit, Levine was given the antihistamine Phenergan. The Wyeth drug Phenegran caused gangrene in Levine’s body that eventually led to her arm being surgically amputated.

What angers us most is the fact that Wyeth was fully aware of the gangrene risk in situations where the drug was administered by push injection and failed to protect its customer from the lost of an arm. A lawsuit alone could never repair the damage done to Ms. Levine, but for Wyeth to seek immunity from liability for what happened to this honorable woman is a sickening insult to injury that cannot go unpunished.

I can only imagine what will happen if attorneys for Wyeth are able to convince the Supreme Court that the drug maker should not be held accountable for defective drugs and failed implants. The makers of recalled drugs with life ending side effects and failed medical devices such as implants and pumps will run rampant with defective products as long as they can make it past the FDA approval process.

This would remove a very important layer of protection for the citizens of our nation.

Cases such as these remain driving force in our motivation here at Do I Have A lawsuit and we will continue to assist the people in finding representation for their lawsuit.

Be safe and never hesitate to seek justice. We are on your side!!!

Do you have a lawsuit? Be sure to submit your case.

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