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51 East Campbell Avenue Suite 120 Campbell, CA 95008
Caputo & Van Der Walde
Local Personal Injury and Accident Attorneys
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When prescription or over-the-counter medications cause serious harm, the consequences can be devastating — and someone should be held accountable. At Caputo & Van Der Walde – Injury & Accident Attorneys, our San Jose drug injury lawyers are committed to fighting for individuals harmed by dangerous, defective, or mislabeled drugs. Backed by over 85 years of combined experience and national recognition, we know how to take on big pharmaceutical companies and win.
Every month, the U.S. Food and Drug Administration (FDA) recalls at least one drug from the market. From October 5, 2017 to October 26, 2019, over 200 products were taken off the market due to contamination, adverse events, and other defects.
While an FDA recall protects future patients from harm, it does not account for people who have already been affected. That’s where we come in!
Our San Jose drug injury lawyers at Caputo and Van Der Walde – Injury & Accident Attorneys have been fighting for victims’ rights since 1992 and have over 85 years of collective experience. Discuss your dangerous drug case with us today.
Usually, the benefits of whatever drug you are prescribed or sold outweigh the drawbacks. For example, Advil (ibuprofen) might temporarily upset your stomach or have other side effects, but it can reduce your fever and relieve your pain. While any drug can become dangerous if used improperly, some drugs are risky from their inception.
When the consequences of a drug outweigh its positive effects and cause lasting physical damage to the patients who use them, they are considered dangerous. Opioid painkillers, for instance, are extremely addictive and serve as a gateway to illegal drugs like heroin.
A drug can also harm you if it is compromised during production, or if a manufacturer fails to warn you and your doctor about potential risks.
When holding manufacturers responsible, you and your legal team can use a few different approaches:
If the labeling on the medication did not provide appropriate instructions or disclose potential risks, you can hold the manufacturer responsible for failure to warn.
For example, the manufacturer of Risperdal allowed providers to prescribe the drug for all kinds of mental disorders through mislabeling. The drug was used to treat children for aggression and other behavioral issues, even though it was initially approved to treat schizophrenia in adults. As a result, many young boys developed breasts as part of an undisclosed side effect called gynecomastia.
When the side effects of a drug outweigh its potential benefits and harm the user, the drug is considered to have a defective design.
Opioid manufacturers like Johnson & Johnson have been held liable using this argument.
If a drug is contaminated while it is being made and harms the user as a result, the drug’s makers can be held responsible for drug manufacturing defects.
No matter how a drug harmed you, our attorneys can help you develop a case for damages to cover the costs of:
At Caputo & Van Der Walde – Injury and Accident Attorneys, our Campbell personal injury lawyers are ready to serve those who have been the victims of the careless or negligent actions of others. As members of the Million Dollar Advocates Forum, we are among the top 1% of lawyers in the U.S. This means you have a better chance of getting the fair and just outcome that you deserve. If you or a loved one have endured injuries from any kind of motor vehicle accident, construction accident, defective product, exposure to toxic chemicals, dog bites, catastrophic injuries, or even wrongful death, contact us today for a free, no-obligation consultation with some of the top attorneys in America.
You can represent yourself in a personal injury case in California, but it is not recommended. Even defense firms will advise you to seek the help of a plaintiff injury lawyer. The law is highly technical and there could be a significant amount of compensation in question for your claim. Don’t risk something so important by trying to handle the case alone.
In Campbell, personal injury cases will involve local courts, judges, insurance defense teams, etc. It makes sense to find a local attorney who is familiar with these local parties, too. A local lawyer will know what to expect as the case progresses, which can bring an immediate advantage.
Hiring a personal injury lawyer from Caputo & Van Der Walde – Injury and Accident Attorneys is always affordable because we offer contingency fee agreements. When working for contingency fees, you won’t owe any attorney fees unless we end the case in your favor, such as by securing a settlement or award.
Strong evidence and arguments are usually required to prove negligence in a personal injury claim. Specifically, a plaintiff is expected to be able to prove his or her case by a preponderance of the evidence. Under this legal rule, the plaintiff must show that the defendant was “more likely than not” liable or mostly liable for the accident and damages.
If a personal injury claim needs to be filed because a demand letter and subsequent negotiations proved unsuccessful, then the case will go to court. Whether a case goes to trial, though, is a different question. Most personal injury lawsuits can be resolved before a courtroom trial becomes necessary. Yet there is no way to guarantee that a case can avoid trial. In order to maximize your recovery pre-trial, our car accident lawyers prepare cases to go to trial – and the insurance companies know this.
Every personal injury case has a worth or value that is unique to it. For this reason, it is difficult to estimate how much a case is worth upfront. You should be wary of any law firm that promises that your case is worth a specific amount during an initial consultation, or that promises to win your case.
We encourage you to bring any relevant information and documents to your consultation that you think could be helpful. Medical records, crash reports, insurance information, police statements, photos, witness information, and so on can all help build your claim. With more information up front, we can better determine if your claim is legally sound and should be pursued.
As members of the Multi-Million Dollar Advocates Forum® and the Million Dollar Advocates Forum®, we have proven our ability to negotiate and litigate on behalf of our clients successfully. Retain us to put our tactical strategies to work for you. These skills are what make our legal team such a formidable opponent in any courtroom or negotiation setting.