San Jose Drug Injury Attorneys
Our Nationally-Recognized Legal Team Holds Drug Manufacturers Accountable
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 & Van Der Walde LLP have been fighting for victims’ rights since 1992 and have over 85 years of collective experience. Discuss your dangerous drug case with us today at (800) 900-0863.
When Is a Drug Considered Dangerous?
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.
Types of Dangerous Drug Lawsuits
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:
- Medical expenses,
- Rehabilitation and recovery,
- Lost wages,
- Pain and suffering,
- And much more.
Recruit a Team You Can Count On
Fighting for your rights as a consumer can be a long and difficult process, but you don’t have to do it alone. With our experience in product liability, you can rest assured we will do everything in our power to help you obtain favorable case results.
Our national recognition from Super Lawyers and the Multi-Million Dollar Advocates Forum® proves that we will take your fight as far as it needs to go. Our clients recommend us because we are dedicated to helping them get better.
Find out what we can do for you during a 100% free initial consultation. Schedule yours today with our dangerous drug attorneys in San Jose, CA by calling us at (800) 900-0863.
Wrongful Death Skydiving Accident $40,030,000
Attorney Paul Van Der Walde recovered a total of $40,030,000 in compensation for a couple bereft of their 18-year-old son in a tandem skydiving accident.
School Bus vs. Pedestrian Accident $8,825,000
School bus vs. pedestrian accident resulting in traumatic brain injury.
Train Maintenance Vehicle vs. Auto $7,411,492
Caputo & Van Der Walde recieved a jury verdict in the amount of $7,411,492 for a surviving widow, who lost her husband when his pickup truck was involved in a collision with an on-track maintence of way vehicle.
3rd-Degree Burns During a Pedicure $7,291,986
Paul Caputo received a $7,291,985.58 decision for Plaintiff in a case where a client received severe 3rd-degree burns during a pedicure, resulting in the need for numerous skin grafting procedures.
Paraplegia from Defective Seat $5,650,000
Product liability case involving a defective seat design that resulted in paraplegia.
Pick-up Truck vs. Pedestrian Accident $4,250,000
Pedestrian crossing a four-lane street in the crosswalk, hit by a full-size pick-up truck. Injuries included a left knee dislocation with complete tears of all ligaments and requiring surgery, right scaphoid fracture requiring surgery, right shoulder AC joint separation with clavicle fracture and PTSD.
Auto vs. Bicycle Accident $4,000,000
Bicycle rider attempted to maneuver to his left, around a recessed manhole in the bike lane, and was struck by a vehicle that was driving too closely to the bike lane. Significant injuries included tramautic brain injury, skull fracture, and permanent brain damage.
Big Rig vs. Auto Accident $3,000,000
Big rig vs. auto accident resulting in wrongful death.
Physical Abuse $3,000,000
Child protective services failed to adequately protect young child from physically abusive foster parents.
Civil Rights Case $3,000,000
Civil rights case involving excessive force by law enforcement.