It is not unusual for a prescription medication – or even a drug available over the counter – to have one or more side effects. Often, the list of possible issues includes relatively mild medical problems, such as headache, fatigue, or dry mouth. Most people who are prescribed medications with relatively minor side effects are willing to cope with the “bad” in order to benefit from the “good” that the medicine provides. However, when patients begin reporting conditions as serious as pancreatitis, kidney failure, and cancer related to diabetes drugs, there is cause for alarm. The Grand Rapids and Traverse City diabetes drug lawyers at Neumann Law Group are currently reviewing claims against the makers of potentially dangerous drugs, including diabetes drugs as well as proton pump inhibitors.
Potentially devastating complications may be linked to several popular diabetes drugs, including Byetta (exenatide), Januvia (sitagliptin), Janumet (metformin/sitagliptin), Onglyza (saxagliptin), Actos (pioglitazone), and Victoza (liraglutide). Usually, a person who is hurt by a defective or unreasonably dangerous product has the right to seek fair compensation for medical expenses, lost wages, pain and suffering, and other damages caused by the dangerous product.
In most states, this includes the possibility of product liability litigation against the makers of dangerous prescription and over-the-counter medications. Michigan, however, has imposed a very challenging limitation on a plaintiff’s right to file a claim for a drug-related injury. Under Michigan Statutes § 600.2946, makers of pharmaceutical products that have been approved by the Food & Drug Administration (FDA) can only be held liable for a consumer’s injuries if the manufacturer fraudulently withheld or misrepresented information to the FDA, such that approval was gained when, had the full truth been told, the FDA would not have allowed the drug into the marketplace. A diabetes drug attorney in Grand Rapids or Traverse City can advise you on whether your situation may meet this standard.The Process of Holding a Diabetes Drug Manufacturer Liable
The first step toward holding a diabetes drug manufacturer liable is contacting an attorney who handles pharmaceutical injury cases. It is possible that information may be revealed to the effect that the maker of the drug at issue did mislead or defraud the FDA during the application process. These things do sometimes happen, especially when a manufacturer is overzealous in its attempt to rush a certain drug to the market. (It is also possible that the law governing these cases may be amended or repealed at some point in the future.) If there is adequate evidence to go forward, the plaintiff must file a claim in court within the time established by the statute of limitations.
A Traverse City or Grand Rapids diabetes drug attorney has the burden of proof at trial, meaning that they must present credible, legally admissible evidence of the manufacturer’s wrongdoing and the harm to the plaintiff that was proximately caused by it. To prevail, the plaintiff must persuade the jury by a preponderance of the evidence. While it is not as demanding as some standards of proof, the “preponderance” standard does require the plaintiff to show that, more likely than not, his or her version of the facts is correct. This typically requires expert testimony, as well as testimony from the plaintiff and other witnesses. Trials can be fiercely contested and protracted, since the issues in pharmaceutical product liability cases are often very complex.Speak to a Dedicated Personal Injury Lawyer in Michigan
The experienced attorneys at the Neumann Law Group handle a wide variety of product liability cases, including those related to dangerous drugs, defective medical devices, and consumer products that have led to serious injuries. Based in Grand Rapids and Traverse City, our knowledgeable diabetes drug lawyers also represent victims in Ann Arbor, Midland, Holland, Kalamazoo, Flint, Lansing, Muskegon, Detroit, Wyoming, Saginaw, Warren, Petoskey, and communities throughout the Upper Peninsula. Just call (800) 525-6386 or contact us online and ask for a free consultation. There is no obligation, and we will not charge you anything unless we recover compensation for you.