Bayer Settles Multiple Defective Drug-Related Lawsuits

Recently, the multinational pharmaceutical company, Bayer, agreed to settle approximately 1,200 defective drug-related lawsuits for $57 million. The claims were part of a multi-district litigation program in an Illinois federal court, as well as additional lawsuits filed in Pennsylvania, New Jersey, and California state courts. The settlement addresses arterial blood clot claims made by consumers who used the drospirenone-containing oral contraceptives Yaz and Yasmin, and subsequently suffered a heart attack or ischemic stroke. Unfortunately, incidences of injuries sustained by consumers of pharmaceutical drugs due to the manufacturer’s negligence are common.

There are several types of product liability lawsuit that may be used in claims based on injuries caused by dangerous pharmaceuticals:

• Defectively Manufactured Pharmaceutical Drugs: Claims dealing with manufacturing defects involve injuries caused by pharmaceutical drugs that were improperly manufactured or that became tainted during the process of manufacturing or during delivery. Injuries of this type are often the result of an error made at the manufacturing facility or the pharmacy where the drug was bottled, or a mistake made in regards to shipping.
• Pharmaceutical Drugs with Dangerous Side Effects: Sometimes, even when a drug is made properly, it can have side effects that result in injury. In such instances, injured parties can bring a claim against the manufacturer to collect compensation for medical expenses related to the injury. If a victim can show that the company knew of the dangerous side effect, but deliberately concealed it, then he or she may be able to collect additional funds in the form of punitive damages.
• Improperly Marketed Pharmaceutical Drugs: Usually, a claim based on marketing defects will involve an injury occurring as a result of the manufacturer’s failure to provide adequate warnings about a dangerous side effect or recommendations on the appropriate use of the drug. The improper instructions or warnings can have been given by the manufacturer, but also by a physician, pharmacist, or sales representative.

Often, a defective pharmaceutical drug lawsuit will include a combination of the above-mentioned claims.

In order to satisfy a claim of a defective pharmaceutical product, a plaintiff must show that:

• He or she was injured;
• The drug was defective or improperly marketed; and
• The defect or improper marketing was the cause of the injury. 

Anyone in the chain of distribution of a drug is a potential defendant in a drug-related products liability case. As a result, many different parties can be held strictly liable under such a claim, including:

• Manufacturers;
• Testing laboratories;
• Pharmaceutical sales representatives;
• Doctors;
• Hospitals or clinics; and
• Pharmacies.

Those who have been injured by a commonly-prescribed drug, like Yaz or Yasmin, are usually part of a much larger group of people who have been similarly injured. If the injuries that a person sustained are similar to those of a group that has already filed a class action lawsuit, then it may be in his or her best interest to join the existing suit. However, if the type or severity of the injuries are substantially different from the majority of others, then a person may be better off filing an individual claim.

Proving that a large-scale manufacturer of pharmaceutical drugs was negligent in its production or marketing of the drug can be difficult, but is not impossible. If you or a loved one has been injured as a result of consuming  defective drug, please contact the passionate San Jose personal injury attorneys at Corsiglia, McMahon & Allard, L.L.P. at (408) 289-1417 for a free consultation.