When lawsuits involving harmful drugs and defective medical devices begin to emerge across the nation, often, these numerous lawsuits are merged under multidistrict litigation (MDL) in order to improve the efficiency of the legal process and to avoid tying up valuable court resources.
Today our knowledgeable Texas Taxotere lawsuit attorneys of Hotze Runkle PLLC will give you a thorough, yet simple explanation of multidistrict litigation and how it can help you secure the compensation you need if you or a loved one have suffered from excessive tearing (epiphora) as a result of treatment with the chemotherapy drug, Taxotere.
How does multidistrict litigation work?
When numerous lawsuits have been filed by plaintiffs who’ve suffered a similar injury caused by the same defective drug or product, or act of corporate negligence, the various attorneys representing clients in these lawsuits may request that the Judicial Panel on Multidistrict Litigation create an MDL to centralize the lawsuits.
It is worth noting that even if lawsuits are consolidated in an MDL, you will still have your individual attorney.
How MDL comes into play is during the pretrial process. The court will bring together a group of lawyers from across the country to coordinate pretrial measures and help handle the litigation accordingly.
What to expect in MDL.
Once an MDL has been allowed, the process will move into the next step: the discovery phase. Throughout discovery, the company being sued may be required to hand over documents with essential information relevant to the case.
It is also important to mention that witnesses may be questioned under oath during depositions and this testimony can be used at trial to support or invalidate allegations in the lawsuit.
The attorneys representing clients in the MDL can also file pretrial motions with the judge when it comes to discovery issues and the adequacy of evidence during trial. The judge may hold hearings to dictate the extent of discovery and rule on any disputes that appear throughout the litigation process.
Resolving the cases.
After the discovery process is finished, the judge can pick out several of the individual lawsuits to go on as bellwether trials – essentially a “test run”– although the outcomes of the bellwether trials will vary from plaintiff to plaintiff. Bellwether trials give both sides the fair opportunity to predict how juries may decide on a lawsuit.
For example, if the defendants lose all or most of the bellwether trials, the company may want to access a global settlement to avoid continued liability (and payouts) in the lawsuits that are left.
If the defendant wins the bellwether trials, the company and their lawyers could choose not to establish a settlement. At any time throughout the MDL, the attorneys may try to negotiate a settlement for all the cases involved in the litigation.
If the settlement negotiations come out as unsuccessful by the conclusion of these trials, the cases are transferred back to the courts where they were originally filed to go forth as individual lawsuits. Your attorney will then make the executive decision to either withdraw your suit or go on to trial.
Trust in the dependable Taxotere lawsuit lawyers at Hotze Runkle PLLC.
If Taxotere or another chemotherapy drug has destroyed, reduced, or damaged your happiness and well-being, then you have the legal right to hold the pharmaceutical company accountable for your suffering.
The product liability lawyers of Hotze Runkle PLLC have successfully represented cancer patients who have faced permanent and irreversible tearing as a result of being treated with chemotherapy drugs.
Do not wait to contact Hotze Runkle PLLC at (877) 919-0830 if you or a loved one are suffering from excessive tearing after being treated with the chemotherapy drug, Taxotere.
Manufacturers owe it to consumers to ensure their products are safe by providing ample warnings when there is a risk of injury involved. This goes for every product, from medications to toys to automotive parts and supplies.
Unfortunately, companies sometimes fail to give out these warnings, neglecting the very consumers they were meant to treat. Such was the case when Sanofi-Aventis failed to properly inform their users about the excessive tearing that comes with their breast cancer chemotherapy treatment, Taxotere.
But there is hope. If you have suffered from chemotherapy tearing stemming from Taxotere treatment, you may be eligible to file a product liability claim with our experienced national Taxotere injury attorneys at Hotze Runkle PLLC. Today, we are going to share some pertinent information regarding Texas product liability laws and how they can affect your Taxotere lawsuit.
But First, Let’s Define Product Liability by Texas Law.
The State of Texas defines product liability as, “…any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product whether the action is based in strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, or any other theory or combination of theories.”
In a nutshell, this means that if you or someone you love is harmed or killed–or even incurred damage to real or personal property–by a defective product, you have the right to recover financial relief from the party responsible. In most cases, it deals with negligence on account of one particular party somewhere within the product’s chain.
By law, there are three ways that a defective product can be determined:
- There was a manufacturing defect in which the item was assembled incorrectly before sale.
- There was a design defect instead of an alternative design that would have been safer.
- There was a terrible marketing mistake, like a failure to warn a consumer about any potential risk.
In many product claims, a professional’s testimony from the medical or engineering fields can provide relevant evidence that can help your legal team prove the product was defective.
Product Liability and the Texas Statute of Limitations
Usually, a Texan injured by a defective product has two (2) years to file a product liability lawsuit in accordance with state product liability laws. Time for the lawsuit starts running either on the date when the victim suffered the injury.
The State of Texas does, however, have exemptions to the rule:
- The victim was a minor.
- The victim was mentally or physically impaired.
- The defendant (i.e. the party responsible for the injury) deliberately hid any involvement.
- The defendant’s negligence was unknown, even years after a wrongful death occurred.
In the case of Taxotere, users were not made aware of the dangerous side effects and the excessive tearing by Sanofi-Aventis, and a lot of these individuals have legitimate claims in the eyes of Texas law.
Who Can I Turn To For Help in My Taxotere Injury Claim?
The experienced Taxotere attorneys of Hotze Runkle PLLC have taken up cases for Taxotere injury victims in their march against the negligence committed by Sanofi-Aventis and their defective breast cancer chemotherapy.
Don’t let corporate fearmongering dissuade you from seeking legal action. Our Taxotere attorneys could set your case in motion, seeking the settlement you and countless others need to properly recover. It’s not too late to seek help.
Get the compensation you deserve for your chemotherapy tearing. Contact the national Taxotere attorneys of Hotze Runkle PLLC today at (877) 919-0830 to schedule your FREE legal consultation today.
If you or a loved one are suffering from an illness where a specific medication is required to help treat the condition, then you may want to look into the side effects that can come with the pharmaceutical product you are being prescribed. Unfortunately, while these drugs are intended to help you, there are plenty of instances when these medications can instead cause serious harm to both your health and quality of life.
When you consider the health issues associated with taking a defective drug, the medical care you must seek in order to treat any unexpected side effects and the accompanying bills, as well as the emotional and mental strain, the repercussions of taking a defective drug can be catastrophic.
If you or family member has suffered irreversible and permanent tearing as the result of being treated with the breast cancer chemotherapy drug, Taxotere, you may feel lost and uncertain – but there is hope.
With the outstanding legal support of Hotze Runkle PLLC, you have a great shot for justice. Our team of Houston Taxotere lawsuit attorneys and national litigators have the skills, diligence, and means to help you secure the compensation you need for your injuries caused by the defective drug – in this particular case – Taxotere.
How Texas Handles Defective Drug Lawsuits: The Laws That Govern Them
Pharmaceutical-based product liability lawsuits (also referred to as “bad drug lawsuits”) while not too different from personal injury cases, do have a few significant aspects that set them apart in Texas.
Depending on your specific circumstances, there are three means by which you will be able to file your claim:
- If the drug was not designed properly
- If something went wrong in the manufacturing process of the drug
- There was a failure to properly inform consumers of the drug’s side effects
To further explain these concepts, there is considered to be an error in the design of the drug if it is exceedingly dangerous even when being properly used. However, it is a rare case that these types of claims are filed because most dangerous drugs are generally not approved by the United States Food & Drug Administration (FDA).
In other instances, a drug can be designed properly, but something may happen during the manufacturing process that makes the drug no longer safe to use. A common example of this would be a drug that gets contaminated by a harmful component in the process of being manufactured.
Failure to properly advertise is a reasonable claim to file since Texas adopted the learned intermediary doctrine, which means that in some cases, the manufacturer fails to meet their obligation to provide adequate warnings to consumers and the prescribing physicians.
Who Can Be Held Liable and Why?
The drug manufacturer, your doctor, your pharmacy, and even testing laboratories can be held liable. Here’s why:
- Drug manufacturers can be held responsible for defects in manufacturing, defects in design, or inadequate marketing.
- Your doctor may be held liable for your injuries if they gave you the wrong medication or failed to properly inform you of the side effects, while your pharmacy – or even the pharmacists – can be guilty of filling the wrong medication or providing an improper dosage.
- Drugs have to go through a set of tests before they can be approved, so if one of the testing laboratories made an error and allowed an unsafe drug into the market, the laboratories can be to blame for your injuries.
Don’t Wait to File Your Claim Against Taxotere – Act Now!
In the state of Texas, you have two (2) years to file a product liability claim or a defective drug claim. If you fail to meet that time limit, it is more likely that the Texas civil court system will deny your claim.
However, please be aware that the statute of limitations varies from state to state. Should you be unable to file your claim in Texas, you may have the opportunity to file in another state. Your lawyer should be able to provide you additional information regarding this.
Some injuries are more difficult to detect and may go unnoticed for years following the injury. For example, Taxotere users didn’t suffer excessive tearing after their first treatment but began to develop the issue after constant exposure.
It is crucial to seek out legal guidance as soon as you start to notice any pain or discomfort or signs of the product being defective. It is important that you start the process of filing a claim against the makers of Taxotere sooner rather than later.
You can receive more information and a FREE case review from our national Taxotere lawsuit attorneys of Hotze Runkle PLLC by calling our office today at (512) 476-7771.
You trust pharmaceutical manufacturers to help you recover from frightening conditions with the care and safety that you deserve. The unfortunate truth, however, lies in the fact that some are in it only to put profits over people. When that happens, you could be left fighting off life-threatening conditions like breast cancer and the negative side effects that these drugs cause.
Injuries caused by defective drugs can cause life-long damage and hardship, and for victims, it can be the start of a very overwhelming and confusing time. You deserve answers from the manufacturers of defective drugs, and our product liability attorneys aim to get them.
If you are injured due to a defective drug, namely the chemotherapy drug Taxotere, our Taxotere attorneys at Hotze Runkle PLLC can help you challenge drug manufacturers in order to receive the settlement you are owed. As an added benefit, a product liability claim can essentially punish manufacturers, causing them to pull defective drugs from the market, require the addition of new warning labels, and save others from certain harm.
Proving Defective Drug Cases
The pharmaceutical industry is one of the largest in the United States, but they are still subject to laws and regulations by the Food and Drug Administration (FDA). Like other civil suits, you will need to prove you were injured, prove the drug you took was defective or wrongly prescribed, and then prove that it was this defect that caused your injury.
Below you will find an outline of what to do if you are injured because of a defective drug, as well as three common types of pharmaceutical liability cases.
1. Prove You Are Injured
The first step of this process is arguably the simplest. You will need to prove that you have been injured, not just that you could have been injured. For instance, if you are prescribed a drug incorrectly but notice before you take it, then you haven’t been injured, and your claim won’t stand.
A trip to the hospital can not only diagnose what side effects you are enduring because of the defective drug, but it can also document that you have received treatment for your injuries and paid a large expense for something that wasn’t your fault. Save these documents for your product liability attorney.
2. Prove the Drug Was Defective
The second–and far more complicated–step is to prove that the drug was defective, falsely advertised, or misprescribed. In product liability, you will namely see these three types of cases:
- Defective Manufacturing – Defective manufacturing can cause injuries to the public by providing a bad or impure form of the drug. This could mean that the drug was mislabeled or swapped with another medication. The FDA can punish manufacturers who haven’t kept their standards high enough to ensure patient safety, but there is a statute of limitations on this sort of claim. This means you should come forward as soon as possible after being injured.
- Dangerous Side Effects – Another cause of defective drug injuries is the concealment of dangerous side effects by the manufacturer. For example, in Taxotere claims, excessive tearing is a real symptom that users experience and were not told about. In other cases, this can include side effects that the manufacturer missed during testing. This sort of claim is particularly hard to prove, so the help of an experienced product liability attorney is vital.
- Improperly or Falsely Marketed – There are several different ways that the improper or false marketing of a drug can lead to injury. This could include improper or incomplete warning labels that lack the information needed to prevent injury.
It also includes injuries sustained due to “off-label” use recommended by a doctor or pharmacist. If your doctor has prescribed you the wrong drug, or prescribed you a drug improperly, you can sue them for malpractice. If you don’t read or follow the warnings and directions given to you by your pharmacist and doctor, however, you are unlikely to win a defective drug case.
You should always read over the list of warnings and instructions just in case, even if you discussed them with your doctor. Your pharmacist is required to ask if you need any new medications explained in order to cover their own liability, so you should be able to check the information and instructions with them. Taking a risk with your health just isn’t worth it.
3. Prove This Defect Caused Your Injury
The next step is to prove that it was the defective drug that caused your injury and not something else entirely. An experienced product liability attorney is absolutely crucial for this step, helping you attain expert testimony that shows your claim has merit. An expert testimony makes a vast difference in the outcome of your claim. Evidence brought forth from medical, engineering, or accident recreation specialists can help your attorney present stronger evidence to prove the defective drug caused your injury.
There are also different laws in place in each state that are meant to protect the public from defective drugs. Each case is different, which is why you need an attorney who will address your individual needs.
Excessive Tearing Caused by Taxotere? Trust Only One Law Firm To Represent Your Case!
You may be entitled to compensation meant to cover your pain and suffering, medical claims, lost wages, and reduced quality of life. While defective drug cases like those brought against the manufacturers of Taxotere are similar to other civil cases, it is important to find an attorney with the right experience.
Our team of national litigators at Hotze Runkle PLLC have the experience, determination, and ability to help you get the compensation you deserve if you have suffered excessive tearing as a result of being treated with Taxotere.
Contact the national Taxotere attorneys of Hotze Runkle PLLC today at (512) 476-7771 for a FREE case review or fill out the contact form below.
Say that you’ve been suffering from an illness that requires a specific medication. Now say that the pharmaceutical product came with a hideous assortment of side effects that hamper your very lifestyle and actually threaten your health.
When suffering from defective drugs, victims are often left to sort out their situation on their own. From recognizing the health issues associated with the product to seeking medical care to treat any unexpected side effects, handling medical bills associated with these health emergencies, and dealing with the overall mental strain, the aftermath of taking a defective drug can be traumatizing.
If you have suffered irreversible and permanent tearing as a result of being treated with the chemotherapy drug, Taxotere, you may be asking if there is justice. In fact, there is.
Not all hope is lost when you decide on seeking the meaningful and quality legal guidance of Hotze Runkle PLLC. Our team of national litigators has the experience, determination, and ability to help you get the results you need if you have been injured by a defective drug – namely – Taxotere.
Types of Defective Drug Claims
Depending on your specific situation, you may be able to file a claim based on any of the three following standards:
- The drug was improperly designed. This occurs when the drug was inherently designed with a defect that makes it dangerous. While this is rare, it can occur.
- The drug was manufactured incorrectly. This occurs when the drug was designed without error but an issue occurred during the manufacturing process that made it dangerous for consumers.
- The drug was improperly marketed or the manufacturer failed to provide consumers adequate warning information. In the advertisement of a drug, the manufacturer must inform users of all known side effects and risks associated with the product. When the company fails to provide this information, they place lives at risk of serious injury – or even death.
What Is the First Step I Take?
The first step to take is to make sure that your health and well-being are not in jeopardy. While you may not initially feel the side effects of the defective drug, it is important to speak with your doctor about any concerns you may have. Your doctor may be able to provide you an alternative option.
Once you have sought out medical attention – which is also important for securing documentation for your claim – you will want to begin seeking out the assistance of a qualified and committed attorney that has experience handling product liability claims. While you do not want to rush through the process of selecting a lawyer, it is important to keep in mind that there are statutes of limitations that limit the amount of time you have to file a case.
Every state has imposed statutory limits on the amount of time you have to file a lawsuit against another party. Unfortunately, if you do not file your claim before the statute of limitations becomes void, then you are essentially forfeiting your right to seek compensation for the damages you suffered.
What Is the Statute of Limitations in Texas?
The statute of limitations for filing a product liability claim, including a defective drug claim, is two (2) years in the state of Texas. If you fail to meet the time limit, the Texas civil court system will most likely deny your claim.
However, it is worth noting that the time limit of filing a product liability claim varies from state to state. Depending on the elements of your claim – and if a class action lawsuit is taking place – you may be able to file your case in that state.
Some injuries are harder to discover and may not be uncovered until years after the injury actually happened. For example, Taxotere users didn’t initially suffer excessive tearing after their initial treatment, but it may have begun to develop after subsequent exposure. In such cases, the issue of when exactly the statute of limitations began to run is an important element to understand.
When Does the Statute of Limitations Begin?
Understanding when the statute of limitations begins for your particular situation is essential to meeting the time limit to file. In certain states, the statute of limitations begins when the defective product/drug was purchased. However, in other instances, the starting date for filing a claim does not begin until after the injury occurred or was discovered.
If the manufacturer of a given product issues a notification that its product was defective, then they may argue that the statute of limitations began at that time.
This is why it is important to seek out legal guidance immediately after you have suffered your injury or uncovered that the product is defective. Time is of the essence and you will want to start the process of filing a claim against the makers of Taxotere as soon as possible.
For more information and a FREE case review, contact the national Taxotere attorneys of Hotze Runkle PLLC by contacting our office today at (512) 476-7771.
Manufacturers can make mistakes, but this often leaves you, the consumer, stuck with the fallout. Whether some sort of faulty surgical device or a terrible side effect of a defective medicine causes you injury, you’ll be the one expected to pay the mounting medical costs.
When individuals fighting breast cancer used Taxotere, they didn’t expect to experience excessive tearing, and as a result, our Austin Taxotere injury attorneys here at Hotze Runkle PLLC are bringing their voices forward to earn the compensation they need to cover damages caused to them through no fault of their own.
However, because product liability claims involve so many different factors, finding the right experienced product liability lawyer to accurately represent your claim can be an overwhelming task. To remedy this, our product liability attorneys have gathered the three following qualities that you should look for if you need representation in your defective drug claim.
1. Experience
When your lawsuit centers on a faulty product or medical procedure, you may not actually be filing against a singular. A long chain often exists in these types of claims as products passed from material suppliers, manufacturers, retailers, and so on. Even so, you’ll be going up against a company that may have massive resources and a very high motivation to protect their bottom line.
Attorneys like ours who represent victims in defective product claims know how to counter when the company turns up the heat. Experience is key, and a legal team that has fought pharmaceutical companies and corporations before for years is an excellent ally to have in your claim.
2. Credentials Are A Must
When you’re searching for a defective drug lawyer, their credentials should be one of the first things you look for. Members of a law firm must show you all the necessary documents to prove their qualification like a degree from an accredited law school with a focus on food and drug law and medical law. A dedicated lawyer page that also showcases the accolades he or she has received can also show you the value that this lawyer can bring to your claim.
By seeking an attorney with these qualifications, you’re selecting an attorney that can fight to their fullest potential to win your civil court case.
3. A Bounty of Legal Resources
The saying, “It’s not what you know, it’s who you know,” is also applicable when finding the right defective lawyer.
While there is no doubt that a qualified lawyer with years of experience can do wonders for your product liability claim, an experienced product liability attorney with a bevy of legal resources is what wins maximum monetary compensation.
An attorney with access to databases that contain relevant information about product liability claims is a plus that can reinforce the strength of your case, but if an attorney has direct access to professionals that can prove the credibility of your case, even better.
An attorney that also has a lot of local professional ties to medical professionals, accident recreation specialists, and engineers is an attorney that is well-stocked in legal resources.
Having ample amounts of legal resources helps attorneys not only prove liability in your case, but it also gives the judge and jury in attendance a full understanding of the severity of your injuries.
Choose the Right Attorneys at Hotze Runkle PLLC Today
When many users of Taxotere chemotherapy suffered from permanent tearing, they were able to seek justice with the aid of Taxotere injury attorneys like the ones at Hotze Runkle PLLC.
While it is important to look for the aforementioned qualities in a product liability lawyer, we take out all of the guesswork through our sterling reputation in representing those that were taken advantage of by big corporations.
Don’t suffer in silence because of Sanofi-Aventis’ actions. Earn the compensation you need from the maker of Taxotere with the right lawyer. Contact us at (877) 919-0830 to schedule your FREE legal consultation now.
Sanofi is the pharmaceutical company responsible for making Taxotere, the chemotherapy drug which has caused users to suffer from permanent tearing and other eye-related issues.
The multinational pharmaceutical company is headquartered in France, and as of 2013, has been one of the world’s largest leaders in prescription sales. Unfortunately, those sales often come at the price of the health of users.
A series of lawsuits and bad faith actions have dogged the pharmaceutical giant as of late.
But there is hope. You do NOT have to accept the negligent actions of any pharmaceutical company that has taken advantage of you. Our committed team of pharmaceutical lawsuit attorneys here at Hotze Runkle PLLC are ready to help you take a stand against those who harmed you.
Continue reading to learn more about the legal issues Sanofi has faced.
Acts Of Bad Faith
Sanofi disclosed to the United States Department of Veterans Affairs that they had, in fact, through some faulty calculations, overcharged the VA from 2007 to 2011. If that’s not bad enough, The Office of Inspector General for the VA dug deeper into the matter, determining that the error also resulted in overcharges going all the way back to 2002.
Additionally, Sanofi once sponsored a study called GEICAM 9805. The study revealed that over 9.2 percent of women who used the chemo drug suffered permanent hair loss, or alopecia. While Sanofi had warned users across the globe for years, the company never warned users in the United States of this risk.
“Permanent hair loss” or “alopecia” was not visible in any information published in the U.S., according to the various lawsuits.
In another act of bad faith, a 2015 lawsuit was filed by one of Sanofi’s former employees, in which it was alleged that the company engaged in illegal kickbacks to coerce health care professionals into prescribing Taxotere. Perhaps it is no coincidence that Taxotere’s sales soared.
Many of Taxotere lawsuits claim the drug’s sales soared from $424 million in 2000 to well over $1.4 billion in 2004 through misrepresentation, misdirection and illegal payments.
Sanofi Faces Lawsuits
Sanofi has paid nearly $40 million in fines following criminal convictions overseas. The fines were leveled at the company over bribes paid by employees to consultants for one of the company’s numerous clients from 2007 and 2010.
If that’s not enough, a lawsuit over kickbacks paid to various medical experts was filed. Within that lawsuit, it was revealed that there was an actual attempt to defraud the government through false price reports. The lawsuit resulted in Sanofi having to pony up over $109 million in a mammoth settlement.
The settlement for this lawsuit also resolved allegations that Sanofi submitted false average sales price reports for Hyalgan, but ultimately failed to account for all the free units distributed on Hyalgan purchases. The U.S. government alleges that the false ASP reports resulted in government programs having to pay inflated amounts not only for Hyalgan, but for a competing product as well.
Unfortunately, it appears Sanofi’s legacy maybe tarnished as a result of these underhanded tactics. Many people suffering from the side effects of Sanofi’s drugs are still coming out of the woodwork; it seems that things are only going to get worse for the once-powerhouse company.
Have you suffered as a result of undergoing chemotherapy treatment with Taxotere? Your injury and pain deserve justice. Let the legal representatives of Hotze Runkle PLLC serve your needs and provide you with the commitment of a team that can get the job done.
If you or a loved one has suffered adverse effects as a result of Taxotere, contact a team that fights to earn your trust — contact Hotze Runkle PLLC.
Our team of experienced and highly qualified lawyers has the ability to make the pharmaceutical company that harmed you pay for the damages they have caused. Reach us today at (877) 919-0830 to learn more about how we can put our years of experience to work fighting for you.
Unfortunately, we hear way too often of defective drugs and pharmaceutical products being placed on the market which end up causing users unexpected health issues. Some drugs have nasty side effects that overpower the actual benefits, some are tainted during production, and possibly worst of all, some have side effects that aren’t fully disclosed to the drug-buying public.
When you have suffered physical and monetary damages as a result of a defective drug, you may have the right to pursue legal action against the party (or parties) that harmed you.
At Hotze Runkle PLLC, our national litigation team has been monitoring the experiences of breast cancer survivors and chemotherapy patients who have suffered from using Taxotere. Because defective drugs and medical devices can fall under product liability claims, it is important for those seeking to file a claim to understand what evidence is needed to support their case.
How Can Pharmaceutical Lawsuits Come About?
There are three major types of lawsuits against pharmaceutical companies:
1. Design defect.
When drugs are defectively designed, they can cause a host of dangerous side effects. These problems have nothing to do with the medicine’s manufacturing process.
2. Drug manufacturing defects.
The issue with the drug occurs in the manufacturing process. For instance, a harmful chemical can taint the formulation, causing the medication to be harmful for the user.
3. Failure to warn/improper instructions on medications.
A manufacturer failed to provide adequate warning about side effects and potential risks or failed to provide proper instructions and information essential to the safe consumption of the drug.
Product liability claims work through strict liability. This means that the pharmaceutical company can be held liable without the plaintiff having to prove negligence or fault.
Can You Sue the Pharmaceutical Company Responsible?
Yes, the manufacturer responsible for the defective drug can be held liable. Unfortunately, these lawsuits can take an extensive amount of time to come to an end. From the initial recognition that the drug is defective to the discovery process during which evidence emerges and then the actual litigation process, there is plenty that goes into a product liability lawsuit.
Since a great deal of people take these medications, it’s often necessary to form class action lawsuits. These are cases in which numerous plaintiffs come together to take a drug manufacturer to court.
A handful of states have contributory negligence or something that is known as comparative fault. This simply means that if the plaintiff had any sort of contribution to his or her own injuries, that might bar recovery to some degree.
When the plaintiff is aware of the risk involved in using a drug and uses the product anyway, and becomes injured as a result, this can result in a loss of said damages. This all comes down to the plaintiff’s state of mind. It calls into question whether he/she clearly disregarded the danger of using the product.
What About Substantial Modification?
If the plaintiff modified the product and that change caused the injury, the manufacturer will likely not be held liable. Why? Because that modification was the direct cause of harm. This is what’s known as substantial modification.
However, if the manufacturer could predict that the consumer would alter the product, they might still be found liable.
How Long Do I Have to File a Claim?
Depending on the state, the plaintiff only has so long to file a claim. If the statute of limitations has expired, the manufacturer cannot be held liable. This can cause difficulty in defective drug cases if the plaintiff does not notice a problem until months or years after the injury has taken place.
If you or a loved one has suffered from permanent tearing as a result of being treated by the chemotherapy drug Taxotere, contact Hotze Runkle PLLC today at (877) 919-0830. We are currently investigating claims made by for breast cancer survivors and chemotherapy patients.
The product liability lawyers at Hotze Runkle PLLC are leading the way when it comes to fighting for the rights of breast cancer patients and survivors who have been hurt by the chemotherapy drug, Taxotere.
Taxotere has been shown to cause patients’ tear ducts to close, leading to permanent tearing that cannot be reversed except for intrusive surgery. When not properly treated, excessive tearing – also known as epiphora – can lead to serious eye-related health issues that can cause individuals plenty of pain and suffering.
But there is hope. You do NOT have to accept the negligent actions of the pharmaceutical company that has harmed you. Our committed team of Taxotere lawsuit attorneys at Hotze Runkle PLLC are ready to help you take a stand against those who harmed you.
What Is Epiphora?
Epiphora, or excessive tearing, is a condition in which the sufferer deals with an overflow of tears as the result of blocked tear ducts. While tears are important to maintain eye health and vision, in excess, they can obscure your vision and cause additional damages including infection, inflammatory disorder, and lead to the need for invasive surgery.
These additional issues arise when the tears become stagnant in the tear drainage system. Stagnant tears in the tear sac greatly increase the risk of developing an infection.
Common Symptoms of Epiphora (Watery Eyes)
When chemotherapy drugs such as Taxotere completely clog the tear ducts, the excessive tears will begin to spill out over the eyelids as a result of having nowhere else to go. A complete block can result in a severe overflow.
If you are undergoing or have completed chemotherapy treatment and are dealing with watery eyes caused by blocked tear ducts, please seek immediate medical attention if you suffer from any of the following symptoms:
- Sharp pain around the eyes
- Enlarged blood vessels
- Redness
- Soreness
- Eyelid swelling
- Blurry vision
- Sensitivity to light
- Sudden loss of vision
- Symptoms continue to worsen rather than improve
How to Get Diagnosed
Your local physician or eye specialist (ophthalmologist) will examine your eyes and both upper and lower eyelids to find the cause of the epiphora. Examinations will include:
- Testing blood vessels behind your eye.
- Eye pressure
- Inspection of sinus cavities
- Evaluation of your medical history
If you have any discharge from your eye, it may be tested to find out if you have any sort of bacterial infection.
Treatment Options for Excessive Tearing
Treatment for excessive tearing depends on the severity of the case. In certain instances, epiphora can be treated with antibiotics. However, for many individuals dealing with permanent tearing as a result of chemotherapy treatment, the only option may be a surgical procedure known as
dacryocystorhinostomy (DCR).
Unfortunately, DCR can lead to additional health problems including migration of the Jones tube used to reopen the tear duct, scarring, or post-surgery infections.
If you have suffered permanent tearing after undergoing chemotherapy treatment, know that there is a team of attorneys dedicated to righting the wrongs done against you. Do not hesitate to contact the Taxotere lawsuit attorneys of Hotze Runkle PLLC at (877) 919-0830 if you or a loved one are suffering from excessive tearing as the result of being treated with a chemotherapy drug such as Taxotere.
Docetaxel is a common intravenous chemotherapy drug administered to treat various types of cancer. A warning and advisory label has been issued by the Food and Drug Administration (FDA) revealing ethanol (alcohol) content in the drug has resulted in adverse health effects among patients.
This treatment comes in both generic and brand names, common ones being Taxotere, Docefrez, and the Docetaxel Injection. The Sanofi company has profited billions off of their product Taxotere, which is commonly used to treat patients with breast cancer.
Breast cancer patients who have suffered permanent hair loss (alopecia) and other negative side effects linked to docetaxel have begun to file lawsuits against Sanofi for their misinformation regarding their Taxotere products.
Don’t suffer in silence. Contact the compassionate National Taxotere attorneys today at (512) 476-7771 to receive your FREE, no-obligation legal consultation.
The Dangers of Docetaxel
Typical side effects of docetaxel can leave one feeling intoxicated during and after treatment, causing confusion, stumbling, and sleepiness. The alcohol content can also impair the central nervous system and have serious effects on those with pre-existing liver problems.
If the treatment is administered, patients should wait at least one to two hours after the transfusion to drive, operate machinery, or perform any activity that requires skill.
Health care professionals are advised to be extra cautious when prescribing docetaxel, especially when used in combination with other drugs.
Other likely side effects associated with Taxotere have been identified as the following:
- Permanent Alopecia (hair loss)
- Alcohol Intoxication
- Eye disorders
- Respiratory issues
Should adverse side effects manifest, speak with your physician about alternative options, lowering your dosage, or taking other steps to minimize associated health complications.
Talk To Your Physician About Taxotere Alternatives
Patients with breast cancer and other forms of cancer may have other options available for treatment. Physicians may recommend the following options for those continuing Taxotere or seeking alternative treatment:
- Reducing the speed of infusion to minimize symptoms of intoxication.
- Opting for a less ethanol-potent formula of the drug.
- Monitoring infusion and stopping when signs of intoxication become apparent.
- Counseling patients on the possible side effects and health complications that can arise, and offering alternative options.
If you have already begun to notice the negative side effects of Taxotere, know that Sanofi is directly liable for your damages, and you should be compensated.
Cancer Patients Most Likely To Use Docetaxel
Individuals who have a history of drinking or alcohol addiction should immediately inform their doctor. The same rings true for patients experiencing hepatic impairment as well. Docetaxel can further impair liver function and can result in heightened adverse conditions.
Individuals that are most likely to be prescribed docetaxel include patients with the following types of cancer:
- Breast cancer
- Prostate cancer
- Stomach cancer
- Head and neck cancers
- Non-small cell lung cancer
Get In Touch With Trustworthy Taxotere Lawsuit Attorneys
Patients suffering from different types of cancer have relied on docetaxel infusions to keep cancer cells from replicating, but unfortunately, docetaxel medications such as Taxotere can have a negative contribution to one’s health.
Sanofi violated federal drug regulations by falsely advertising this dangerous drug as safe. Those who have been harmed by Taxotere should seek out the unmatched legal experience of the Taxotere lawsuit attorneys of Hotze Runkle PLLC to win their maximum monetary compensation.
For more information and a FREE case review, contact the national Taxotere attorneys of Hotze Runkle PLLC by dialing in at (512) 476-7771 today.