Dangerous Drugs

Highly Experienced and Successful Product Liability Lawyers Serving Grand Rapids, Traverse City, and Detroit

New drugs are being developed constantly. In some cases, pharmaceutical manufacturers release these drugs before fully understanding the side effects and long-term consequences of taking the drugs. Often, a drug is already on the market when a serious side effect is recognized due to a consumer illness or injury. Many consumers have suffered from catastrophic conditions involving the kidney, heart, lungs, or liver. If you have been injured by a dangerous or defective pharmaceutical drug, it is essential to consult with an experienced product liability attorney to explore whether you may have legal recourse.

At Neumann Law Group, Kelly Neumann is an award-winning Detroit, Traverse City, and Grand Rapids attorney with extensive experience handling cases involving dangerous drugs. Attorney Neumann and her team of skilled lawyers can explore the details of your case, helping you understand your rights and what you can do to pursue them. The Neumann Law Group has obtained more than $3 million for injured individuals each year over the past several years.

Holding a Pharmacy Company Accountable for a Dangerous Drug

Michigan is the only state in the country where drug manufacturers' liability to consumers is drastically limited through broad statutory immunity. This was created in 1996 when Michigan Statute § 600.2946 was passed.

Under § 600.2946, a manufacturer or seller of a pharmaceutical cannot be held accountable in court if the drug in question was approved for safety and effectiveness by the FDA, and the drug and labeling complied with FDA requirements at the time it left the manufacturer or seller's control. However, it is important to be aware that there are two express exceptions.

The first is when a manufacturer intentionally misrepresents or withholds information from the FDA concerning the drug, and the drug would not have been approved (or approval would have been withdrawn) if the information had been submitted.

The second exception, which is less common, is when the manufacturer has bribed an official or employee of the FDA for the purpose of getting or maintaining approval for the drug. Establishing fraud requires a dangerous drug lawyer in Grand Rapids, Traverse City, or Detroit to prove intentional misconduct rather than simply a failure to use reasonable care.

Section 600.2946 has been challenged in many cases. Michigan courts have held that not only product liability but also consumer protection cases are barred against drug manufacturers if plaintiffs are unable to prove fraud or bribery or if FDA approval has not been secured.

Nevertheless, while the FDA has approved most drugs on the market that have injured consumers, there are drugs or supplements that injure consumers that are not approved. This makes it important to consult an attorney to find out whether you may have a claim.

Prior to the enactment of the general immunity statute related to dangerous drugs, consumers needed to prove negligence and breach of warranty in lawsuits against pharmaceutical manufacturers. Although it is harder to obtain justice for harm caused by dangerous drugs now, liability may be established in some situations, and a substantial amount of damages may be available. If fraud has been suspected, a product has not been approved by the FDA, or a drug is also a medical device, you may have a basis for a claim.

Types of Danger Drug Claims the Neumann Law Group Handles

At the Neumann Law Group, we’ve handled countless cases involving dangerous medications. A partial list of the claims we have filed or are investigating include the following:

Consult a Dangerous Drug Attorney in Traverse City, Grand Rapids, or Detroit

At Neumann Law Group, our Detroit, Grand Rapids, and Traverse City dangerous drug lawyers represent people in Petoskey, Warren, Holland, Midland, Muskegon, Saginaw, Wyoming, Kalamazoo, Lansing, Flint, Ann Arbor, and communities throughout the Upper Peninsula. To learn more, and to schedule a free consultation today, give the Traverse City product liability lawyers at the Neumann Law Group a call at 800-525-6386. You can also connect with us through our online contact form. Calling is free, and we will not bill you for our services unless and until we can connect you with the compensation you deserve.

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I was involved in a terrible motor vehicle accident and was able to obtain a large settlement that will take care of me for the rest of my life. I also referred my friend to Neumann Law Group regarding a medical malpractice matter. She has also been overly satisfied with this firm. I highly recommend them! Kevin R.