If you or a loved one have been injured at the hands of a pharmaceutical product, such as a chemotherapy drug like Taxotere, you are likely to have many questions about starting a legal claim against the party that harmed you.
One of the most frequently asked questions our experienced legal team at Hotze Runkle PLLC often hears is, “Who is responsible for my pharmaceutical product liability claim?” This question requires plenty of research as there are many parties that are involved in the process of making and distributing the pharmaceutical product, and it’s not always quite clear who exactly is at fault.
Let our experienced product liability lawyers help you to better understand who can be held responsible for your pain and suffering.
What is the first step?
Your first step should be to hire a qualified and committed lawyer that has experience in pharmaceutical product liability claims. You want to have a reliable lawyer that can effectively gather evidence for your case to help you find out who should be held liable.
Having an experienced team of lawyers behind you, like those at Hotze Runkle PLLC, can be extremely important when going up against the high-powered legal teams of pharmaceutical companies. This is especially true when the company tries to shift the blame.
Figuring Out Which Party is Liable
Many people that file a product liability claim have their finger pointed in the wrong direction. Consumers always want to go after the retailer, who, in some occasions, may be the one to blame. But that is not always the case.
Before figuring out which party is responsible, our lawyers here at Hotze Runkle PLLC will first start by figuring out what kind of defect resulted in your injury. A defective product may have been designed with a defect or manufactured with one.
Depending on the specifics of your case, multiple parties can be held responsible for a defective product. Everybody in the design, manufacturing, marketing, and selling process are responsible for making sure that everything they produce and sell is properly labeled with all information needed.
In cases involving medication like chemotherapy drugs, the pharmaceutical company who develops the product is also responsible for properly testing the product and checking for any potential side effects. Doctors and users must be warned of these side effects; warning labels are often required for prescription medications.
Parties that could potentially be held responsible for your pharmaceutical product liability claim include but are not limited to:
- Manufacturers – These are often large pharmaceutical companies who are involved in developing new drugs.
- Parties involved in testing – FDA approved drugs generally must undergo testing to validate their safety. The parties/laboratories checking these drugs could potentially be held responsible.
- Medical parties – A doctor or clinic can be held responsible for your injuries if they failed to properly warn you of the inherent risks associated with taking the drug.
- Retailers – This can include parties, such as a pharmacy, who may have played a role in the product’s defectiveness.
Each party is responsible for making sure the consumer is aware of any warnings or general information about the product.
Also, remember that in order to file your claim, you must have purchased your defective product from a legal supplier of that product. Anything you may have purchased through a third-party seller will most likely not be eligible as a claim.
Who’s fault is it?
There are two rules that can affect the outcome of your case:
- There is a doctrine known as, “Res ipsa loquitur,” or, “the thing speaks for itself.” According to this doctrine, there would be no defect if it hadn’t been for the negligence of someone within the company, and therefore relieves you of having to prove anything. Now, the pharmaceutical company has to prove that there was no negligence on their part.
- The second rule, if it applies, states that you would only have to prove that the product was, in fact, defective, instead of also having to prove that the defect came from the negligence of the manufacturer.
If you or a loved one are suffering eye-related health issues as a result of chemotherapy drugs, contact the national litigation team of Hotze & Runkle today. Call us today at (877) 919-0830 for a free consultation!
When trying to figure out who is responsible for a defective product, it is important to take into consideration product liability law. Product liability laws are regulations established to protect consumers and to assist them in recovering damages for injuries sustained from using a dangerously flawed product.
At Hotze Runkle PLLC, our national litigation team has been monitoring the experiences of breast cancer survivors and chemotherapy patients who have suffered eye-related injuries as a result of certain chemotherapy drugs such as 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.
If you have suffered from excessive tearing and other eye-related injuries as a result of chemotherapy treatment, then please consider the following information and do not hesitate to contact the experienced product liability lawyers at Hotze Runkle PLLC today.
A Quick Note on Product Liability
Product liability refers to the liability a seller or manufacturer is responsible for should their product cause injury to consumers.
It is important for individuals seeking to file a product liability claim to understand that product liability laws differ from state to state. Each state will examine negligence, warranty breaches, commercial statuses, and strict liability differently.
Who is Responsible For My Defective Product?
Various parties in the product’s chain of distribution may be held responsible for the defective nature of the product. Responsible parties may include:
- The manufacturer of the product
- A manufacturer who develops certain components of the product
- The party that assembles or installs the product in question
- The wholesaler
- The retail store where the product was sold
Keep in mind that in order to file a liability claim, you would have had to purchase the product through a legal supplier. Items purchased through a third-party seller may not be eligible for a product liability claim.
What Evidence Do I Need to Prove My Claim?
As in any field of law, evidence is going to be essential to proving your claim and obtaining the compensation you deserve. When it comes to a product liability lawsuit related to a defective drug, there is some pivotal evidence you should help your lawyer collect including:
- Medical Records – This is one of the most important pieces of evidence that you will need. Medical records will show that you were, in fact, treated for an injury due to the product in question. These records will also provide information regarding what long-term effects the injury may have on you, if any, and what treatments you are undergoing or may have to undergo in the future.
- Bills – This evidence is important because it shows your injuries as a tangible, financial issue. Bills (i.e. medical bills) will show how much damages you had to pay out-of-pocket.
- Pay Stubs and Tax Returns – This is another form of financial evidence needed to show your economic losses due to your injuries. Some injuries may prevent a person from working for short or long periods of time, and your pay stubs and tax returns help document the time and money you have lost. It can even be used to provide insight into what you will lose in the future, if the injuries you have suffered end up causing long-term health problems.
- Photos/Videos – This gives the judge, jury, and insurance companies a significantly clearer view of how truly extensive your injuries are and how you were affected.
- Insurance Policy– You should provide your lawyer with documentation on any type of insurances you may have. This is essential to making sure that all of your medical bills get paid.
- Other Important Documents – Because every case is different your Hotze Runkle PLLC lawyer will be able to give you more thorough details on any other documents you may need pertaining to your specific case.
Product liability actions can be especially complex. Reaching out to the right lawyer who has experience specifically in product liability is one of the most important steps you can take.
If you or a loved one has suffered from an injury due to a defective product and need getting started on a product liability claim, contact Hotze Runkle PLLC today at (877) 919-0830. We are currently providing legal guidance for breast cancer survivors and chemotherapy patients who have undergone eye-related injuries as a result of their chemotherapy drug.
Cancer offers no mercy for those it affects, and sadly, the treatment process often causes as much damage as it undoes. Chemotherapy drug cocktails can leave patients in pain, constantly tired, nauseated and generally feeling unwell.
At Hotze Runkle PLLC, we’ve seen firsthand the negative effects that chemotherapy drugs like Taxotere can have on people. Those searching for a path to a cancer-free life are often left with new, enduring health problems after chemotherapy treatment.
With the majority of the attention surrounding Taxotere lawsuits focused on permanent hair loss, lost in the media spotlight is the effect that it can have on a patient’s vision. We urge you to seek both medical and legal counsel for any ongoing issues with your eyes and vision if you were treated with the chemotherapy drug Taxotere.
A Quick Refresher
We have covered some of the potential sides effects that can affect a patient’s eyes after the use of Taxotere but it is definitely worth revisiting. Some of the problems Taxotere has been shown to cause include:
- Excessive tearing
- Dry, swollen eyelids
- Blurry vision
- Blocked tear ducts
- Constant itchiness
Even symptoms like an increase in “floaters” during and after treatment have been documented by patients and their medical teams. It is also possible that some of the difficulties that impact vision and the eyes could be attributed to nerve damage.
These are some of the more extreme and worrisome of adverse effects caused by using Taxotere.
Basic Questions and Answers Regarding Taxotere
Are these issues really the result of Taxotere and other related chemotherapy drugs?
Simply put, yes. There is ample evidence, both scientific and anecdotal, that Taxotere can and likely will affect your vision to some degree.
Is it necessary to tell my oncologist about minor issues with my eyes while taking/right after taking the drug?
Any differences you notice in your vision or how your eyes feel may not be enough to seriously alter your everyday quality of life. However, how often you experience excessive tearing and other side effects can change quickly, and the more information you and your medical team have about new developments in your health, the quicker they can get a plan in place to manage these issues. As with all things related to chemotherapy, you can’t assume that conditions will remain consistent or that new problems won’t arise.
How soon can I rule out more serious eye issues/disorders?
Another one of the troubles about Taxotere and other chemotherapy drugs is that when they affect your vision, you won’t have access to any definitive answers for some time.
In order to properly diagnose a new eye disorder, you have to wait at least 3-6 months to meet with an ophthalmologist, so that Taxotere and other chemotherapy drugs will have completely passed through your system.
Do I have to wait that long to see an eye doctor?
If your excessive tearing and other symptoms last for extended periods of time, especially multiple days in a row, you SHOULD NOT ignore them waiting for chemotherapy drugs to clear your body. When tearing, dryness, or blurred vision significantly impact your ability to do everyday tasks, then you should see your ophthalmologist. Inform them of the issues you are dealing with are a result of your chemotherapy treatment.
How seriously should I consider corrective surgery?
Surgery is a possibility when the underlying cause for excessive tearing is determined to be a blocked tear duct. However, this is usually a last resort when other options like intubation have failed to provide relief of the blockage. The most serious complication that can arise in most people after surgery is infection. As with any proposed treatment, it is important to consider all options and your current and prospective health.
There is no need for the hard times cancer survivors could potentially face after being healed. Taxotere has a documented history of leaving people with additional health problems that have gone overlooked.
The national product liability lawyers at Hotze Runkle PLLC know that all anyone wants after chemotherapy treatment is to return to their lives with a renewed sense of well-being. If you or a loved one is fighting against eye-related problems caused by this chemotherapy drug, contact us today at (877) 919-0830 for a consultation.
We will hold the drug manufacturers responsible for the harm they have caused and get you the compensation you need to live the healthy life you deserve.
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 pharmaceutical companies and drug manufacturers. The use of certain chemotherapy drugs has been shown to cause excessive tearing and permanent closure of a patient’s tear ducts. These issues, in turn, cause other eye-related complications that can require surgery as well as lead to significant amounts of pain.
We know that undergoing chemotherapy is a tough experience and having to deal with unexpected health complications can really place a toll on you. That’s why our dedicated team of national product liability lawyers are ready to walk you through this complicated process.
We are eager to provide you with as much information as possible to ensure that you understand everything that is going on should you choose to file a lawsuit. Please read through the following pharmaceutical lawsuit FAQs and feel free to contact us at (877) 919-0830 if you have any additional questions.
What is a product liability claim?
Product liability refers to the legal responsibility of a manufacturer or vendor to sell a safe product and their liability if the product causes harm. In cases where drugs cause unexpected damages, the victim who has suffered as result of using the product may have a product liability claim.
These types of claims generally fall into three categories:
- Defective Manufacture: When a product becomes faulty because of the manufacturing process.
- Defective Design: This occurs when the original design of the product had faults.
- Failure to Warn: This can include inadequate warnings about the product’s side effects to both doctors and/or patients, improper marketing for uses the product was not designed for, and failing to provide adequate instructions on how to use a particular drug or device.
How do I know if I have a case?
In order to file a lawsuit against a pharmaceutical company or manufacturer, you have to have suffered some type of injury or medical complication as a result of using the defective drug.
In order to successfully win your case, our national litigation team will prove that you were injured as a result of the defective chemotherapy drug, the medication was defective in some specific way, and that the manufacturer failed to warn of the potential for injury.
Why do I need a lawyer?
Lawsuits over defective drugs can be very complicated and require expert witnesses, dozens if not hundreds of hours of research, as well as keen insight into product liability and other areas of law. Without the guidance and legal protection of a quality lawyer, it can be nearly impossible for you to recover compensation for your medical bills and other damages.
It is also important to choose an experienced product liability attorney with a solid track record and one willing to take your case to trial. At Hotze Runkle PLLC, we have handled many drug and medical device liability lawsuits.
What are some of the side effects of these chemotherapy drugs?
Chemotherapy drugs affect patients in a myriad of ways causing side effects such as:
- Nausea
- Tiredness
- Vomiting
- Temporary hair loss
- Muscle or joint pain
- Weakness
- Severe headaches
- Vision changes
- Chest pain
And much more.
At Hotze Runkle PLLC, we are focused on helping those patients who have suffered from unexpected side effects that include excessive tearing (also known as epiphora), the blockage of tears ducts, or who have had to undergo surgery to allow tears to bypass the blocked duct and work correctly.
What chemotherapy drugs are causing these issues?
At Hotze Runkle PLLC, we have been closely monitoring chemotherapy drugs linked to excessive tearing and have noted one specific drug that appears to be the primary source of issues – Taxotere (docetaxel).
There are, however, a number of additional chemotherapy drugs that we are also keeping an eye on including:
- Xeloda (capecitabine)
- Cytarabine
- Adriamycin (doxorubicin)
- Fluorouracil
Who is held liable in a product liability lawsuit (who would I sue)?
There may be multiple parties responsible for your product liability claim including those involved in the creation, marketing, or distribution of the product.
Your committed national litigation team at Hotze Runkle PLLC will help to uncover specifically who is responsible for your pain and suffering, and we will bring them to justice.
How much is my case worth?
Recovery results will vary from patient to patient and will depend on various factors including:
- The product that caused the injury
- The injuries you suffered as a result of taking the drug
- The amount of medical bills you owe and lost wages
- Any future medical bills and how the damages have affected your ability to work
Some of the types of compensation you may be eligible to receive include but are not limited to:
- Economic damages. This can include medical bills, lost income, and more.
- Non-economic damage. This refers to any physical, mental, or emotional damages suffered by the victim and caused by the responsible party (i.e. the pharmaceutical company). The jury defines the amount.
- Punitive damage. This type of compensation is only awarded if it is possible to prove malice, fraud, or gross negligence. This would be an additional economic punishment to the company or manufacturer due to their reckless behavior.
Trust in our dedicated team to fight for every penny that you deserve.
What do I need to provide my lawyer with?
In order to adequately develop your claim, you will need to provide your lawyer with a number of documents that relate to your case including:
- Medical bills
- Receipts for any prescribed medications including those that may have caused your injury
- Medical records (hospital stays, doctor visits, therapy treatment plan, x-rays, MRIs, etc.)
- Photo/video related to your injury
- Any documentation you recorded
- Any proof of lost wages including pay stubs and bank statements
Is there a time limit to filing a lawsuit?
There are certain time limitations (known as statute of limitations) that dictate how long you have to file a claim after you have been injured. The statute of limitations varies from state to state and is dependent on the type of lawsuit being filed.
In the state of Texas, individuals have two years to file a pharmaceutical lawsuit. Because it can be difficult for the average citizen to understand when exactly the starting point began, it is essential to seek out the guidance of a qualified lawyer.
Can I still file a claim even if the drug was approved by the FDA?
The Food and Drug Administration (FDA) is responsible for regulating and overseeing the development of prescription drugs, over-the-counter drugs, medical devices, and other medical products. While the organization attempts to protect the public to the best of its ability, at times drugs are sometimes approved because of falsified tests and results.
If it is found that the product or medication (chemotherapy drugs in this instance) causes unexpected and serious side effects, then users may have the ability to file a lawsuit.
How long will the lawsuit take to wrap up?
The truth is that pharmaceutical lawsuits can be complicated and thus require a substantial amount of time to resolve – some lawsuits can take years to conclude. However, some defendants may be willing to negotiate a settlement without going to court, which can reduce the time.
Talk with our product liability attorneys at Hotze Runkle PLLC to learn more about the specifics of your specific case and how long the process could take to complete.
Will I have to testify?
Some lawsuits are settled before the case ever goes to trial and in those instances, you will not have to testify. However, if the case does go to court, you will likely have to testify.
If you or a loved one has taken Taxotere or any another chemotherapy drug and are now struggling with eye-related complications, contact the qualified and experienced product liability lawyers at Hotze Runkle PLLC today. We are ready to answer any questions you may have.
When you fall ill, it is natural that you put your trust in the medical team caring for you and the medication(s) that they recommend. However, there are times when the drugs you are given end up affecting and hurting you in ways that they were not supposed to.
Medications like Taxotere and other chemotherapy drugs are created with the objective of helping cancer patients heal and overcome their illness. Yet, these drugs have instead caused much pain and suffering in the lives of breast cancer survivors, causing them to suffer from excessive tearing of the eyes or even permanent closure of the tear ducts which leads to bigger health issues.
When this happens, pharmaceutical companies break the trust of their patients and often act illegally in an attempt to avoid paying out damages to victims. You – the patient – have the right to seek out the justice and compensation that you deserve.
But in order to do that, you will need a qualified product liability lawyer.
What is a product liability case?
In the U.S., there are laws in place that are meant to protect consumers from faulty products. When an individual purchases a product, they expect it to do something specific, like help heal them. The product is also purchased under the notion that it is safe to use.
A product liability suit can be brought to the manufacturer or creator if the product infringes on any of the aforementioned expectations.
When involved in a product liability case, there are some important terms to know:
- Warranty.What the product is promising the consumer. If the product is incapable of fulfilling such promise, you may have a product liability case on your hands.
- Negligence. The legal doctrine which states a company or manufacturer is liable for preventable incidents that could have been foreseen.
- Strict Liability. The legal doctrine which states a company or manufacturer is accountable when the consumer is injured due to a faulty product, regardless of whether the defect was their fault or not.
Due to the wide variety of products, product liability cases are divided by the type of the product which caused the damage. That is why it is very important to choose an appropriate product liability lawyer.
What To Look For in a Product Liability Lawyer
Choosing the right product liability lawyer to properly handle your case can be a challenge that requires plenty of research. Here is some information to look for and ask when first meeting with a product liability lawyer:
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- Look for recommendations.
Ask your friends if they know a lawyer. Even if this lawyer is not familiar with product liability, or does not offer the services you need, they may be able to refer you to a lawyer who can properly aid you. The Internet has also made research easier by providing you with plenty of online resources and reviews from real clients.
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- Use the free first consultations.
Many lawyers offer a free consultation. Make use of these so that you can analyze your case with a lawyer and to see whether or not you will be comfortable with them. You should also use this opportunity as a chance to ask as many questions as needed before committing.
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- Find out what their specialization is.
Make sure the lawyer specializes in the right type of product. If you are suing a pharmaceutical manufacturer, you will want a lawyer who has a background in pharmaceutical lawsuits.
The following are some of the different types of specializations:
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- Medications/pharmaceutical
- Medical devices
- Automotive product defects
- Food
- Furniture
- Home appliances
- Toys
- Where did they study?
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Make sure to learn about the lawyer’s background as much as possible. Being aware of any special programs or educational experiences that helped them grow as a professional can help you make a better decision.
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- Success rate and trial record.
How many times have they successfully obtained compensation for their clients? It is highly recommended that you ask for their trial record; there are cases which can only be settled in court. Knowing if a lawyer has won most of these types of cases highlights their competency and can put you at ease.
Types of Compensation
The types of compensation you receive and how much it will be, depends on the details of your case. Some product liability cases are repetitive and both sides of the incident know the issues and can come to an agreement quickly.
However, it is important to recognize that the amount you receive will vary from case to case. Likewise, the state of Texas places limits on the amount of damages that can be received in certain instances.
Some of the types of compensation you may be eligible to receive include but are not limited to:
- Economic damages. This refers to the amount of money spent or lost as a result of the product’s damages to you. This can include medical bills, lost income, and more.
- Non-economic damage. This refers to any physical, mental, or emotional damages suffered by the victim and caused by the responsible party (i.e. the pharmaceutical company). There is no cap for non-economic damages in Texas. However, this kind of compensation can be hard to calculate due to its subjective nature. The jury defines the amount.
- Punitive damage. This type of compensation is only awarded if it is possible to prove malice, fraud, or gross negligence. This would be an additional economic punishment to the company or manufacturer due to their reckless behavior. It is only awarded if the previous two are awarded as well. Punitive damages are capped at the greater of $200,000, or twice the economic damages, plus non-economic damages up to $750,000.
Medications are meant to help you or your loved ones. You have the right to search for help and protection to get the justice and recovery you are entitled to.
If you or a loved one has taken Taxotere or any another chemotherapy drug and are now struggling with eye-related complications, contact the qualified and experienced product liability lawyers at Hotze Runkle PLLC today.
The experience of dealing with cancer is frightening enough for those fighting for their lives, but it is an unfortunate reality that survivors may still have to deal with long lasting complications that can arise from treatment.
One of these issues that the personal injury lawyers of Hotze Runkle PLLC have been closely following is related to the chemotherapy drug known as Taxotere. During the course of chemotherapy treatment, the drug causes permanent closure of the patient’s tear ducts. In turn, the patient develops excessive tearing (epiphora), discharge, and other eye-related complications.
While the drug manufacturer, Sanofi, warned of “excessive tearing”, it failed to mention that the closure of the tear ducts and tearing could become permanent. Sadly, breast cancer survivors all across the nation are dealing with these after effects, which are at times made worse by various surgeries intended to resolve the health problems.
If you believe you are the victim of chemo-related tearing and permanently shut tear ducts, know that there is a team of attorneys ready to fight for you. The Hotze Runkle PLLC firm is committed to working on behalf of individuals who have been victimized and hurt by drug manufacturers who put profit before people.
Please consider the following information regarding issues related to blocked tear ducts and the complications that can arise from surgery to correct it.
What to Know About Blocked Tear Ducts
Blocked tear ducts can happen for a number of reasons including age-related changes, infection in the eyes, tear drainage system and/or nose, trauma, or – in the situation of the Taxotere victims – as a side effect of chemotherapy medication.
It is vital that individuals dealing with a blocked tear duct understand the symptoms associated with the condition. Catching the following signs early can help prevent further damage:
- Excessive tearing
- Recurring inflammation and infection
- Pain and swelling in the inside corner of the eye
- Long lasting redness
- Crusting of the eyelids
- Blurred vision
- Mucus or pus buildup and discharge
- Bloody tears
Because the patient’s tears are not draining properly, they remain in the tear duct drainage system. This leads to the growth of bacteria, viruses, and fungi within the tear drainage system and the clear membrane over your eye surface, which can in turn lead to inflammation or infections that require prompt medical attention and treatment.
Issues Arising From Tear Duct-Related Surgery and Jones Tubes
One of the recommendations often made to help ease the issues associated with a blocked tear duct is a delicate procedure. For individuals who undergo this surgery, surgeons experienced in lacrimal surgery (i.e. surgeons that know how to operate on tear ducts) place a thin tube of toughened glass that runs from their eye, near the blocked tear ducts, to the inside of the nose. These tubes are known as Lester Jones tubes, permanent, and are designed to drain the tears from the eyes through the nose.
Unfortunately, the Jones tubes are prone to issues. Problems associated with Lester Jones tubes include:
- Dislodgement: The tube can shift within the eye and come out partially or even completely. This can require a trip to the hospital and surgery.
- Blockage of the tube: The tube can become coated with protein, mucus, and other substances that stop the flow of tears along the tube. When this occurs, a new tube is generally required.
- Inflammation: The tubes can shift into lower levels of tissues and become inflamed masses.
- Pain: Patients have reported eye pain as air pushes through the small openings in the tubes or as the tubes migrate and begin to push against portions of the nasal system.
This “solution” is not always ideal for patients, and thus victims of chemotherapy medications like Taxotere deal with additional complications that the manufacturing company failed to warn them of.
If you or your loved ones have suffered health complications as result of chemotherapy drugs, do not hesitate to seek out legal support to obtain the care and guidance of the experienced product liability lawyers at Hotze Runkle PLLC.
Contact us today at (512) 476-7771 or (877) 919-0830 to schedule a consultation. At Hotze Runkle PLLC, we don’t demand your trust, we earn it.