South Carolina Drug and Medical Device Injury Attorney
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South Carolina Drug Injury and Medical Device Injury Attorney
Unfortunately, pharmaceuticals and medical devices can cause more harm than good to already suffering individuals. In those instances, we may be able to help you recover for damages you suffered from a drug injury or medical device injury. Keibler Law Group can help you or your loved one injured by a dangerous or defective drug or medical device. Call us today to see if you have a case.
What are the causes of drug injuries?
Dangerous drugs come in many forms including opioids. However, even relatively “safe” drugs can be deadly and dangerous if prescribed incorrectly or not monitored.
The Food and Drug Administration ensures medications are safe to release to the public, however there are often situations where the drugs have undiscovered risks or, more cynically, where the manufacturer concealed the risks.
Many medications have adverse side effects. Far too often those side effects cause more harm than the drug should have and this can have negative impact on your life. If you were not aware of the side effects of a medication prescribed to you or if that medication caused you severe injury, we can help.
The FDA or the pharmaceutical company may realize a drug is too dangerous and they will issue a recall. If you are injured by a medication that has been recalled, you should contact an experienced drug injury lawyer in South Carolina to discuss your options.
Dangerous medical devices
Implants are becoming more and more common as technologies increase and the population ages. However, with new entrants and technologies bring increased possibility for dangerous or defective implants. Indeed, some implants may be more harmful than helpful. These include knee, hip, and elbow implants and heart monitors or other devise designed to help but fail to do so. If you or a loved on is injured by a defective medical device, contact a South Carolina medical device injury attorney today.
Who is responsible or liable for South Carolina drug injuries?
There could be a number of individuals or parties responsible for the your drug or medical device injury in South Carolina. It is a case-by-case factual determination. For example, if a defective drug impacted you in an adverse way, there may be other people who suffered similar injuries. This could be a good case for a class action lawsuit. In other situations, drug injuries are more particularized. The following individuals may be responsible for your damages:
- The drug manufacturer (or their parent company)
- Medical device manufacturer (or their parent company)
- The pharmaceutical sales company
- Negligent doctors
- Hospitals or clinics
This non-exhaustive list is just an example of the parties potentially responsible for the damages you suffered from a drug injury or medical device injury.
How much is a birth injury case worth in South Carolina?
Every case is different and, therefore, it depends. However, if you hire an experienced and creative attorney like Keibler Law Group, they can rely on top resources, experts, and technologies to convince a jury, the court, and opposing counsel to pay more.
No one can determine how much any case is worth without first analyzing the facts. However, there are certain factors you can use to make an approximate estimation of your claim.
First, you must look at the “economic” damages or those you can quantify. This can be challenging in a birth injury case because it is difficult to quantify loss of future income and anticipated future medical expenses for a severely injured baby. Again, experts and creative lawyers can help get you and your family the compensation you and your baby deserve. Then you can recover additional, “non-economic” damages for pain and suffering and other damages that are more difficult to quantify. Finally, depending on the particular circumstances, you may be able to recover punitive damages – or damages designed to punish the wrongdoer and deter future bad actors.
The main factor that will affect the value of your claim is the damages, or losses you incurred. The more damages involved in the case, the more your claim is worth because you can be compensated for all of them. Some of the most common forms of damages include:
- Medical expenses
- Future medical expenses
- Future therapy treatments
- Lost income
- Pain and suffering
- Loss of earning capacity
- Permanent disfigurement or disability
In South Carolina drug injury and medical device injury cases, it can be difficult for a defense attorney to limit damages. Therefore, they may attempt to place the blame on you. If the defense attorney can show that you were partially at fault for the injuries sustained they may be to limit the amount that their client owes you.
You will need to consider medical malpractice damages caps too. Non-economic damages are capped in South Carolina medical malpractice actions. However, economic damages are not capped and that is why it is important to have a knowledgeable attorney to get the most compensation for your child’s injuries.
If you believe you have a case for your child’s birth injuries, reach out to us today.
What to do if a loved one dies from a drug defect or medical device defect in South Carolina?
Drugs and medical devices can cause serious damages and death because of how intimately they work within our bodies. If your loved one died because of a drug or a medical device, you and your loved on may be entitled to compensation. Visit our wrongful death and survival action page to see your options. We express or sincere condolences in this difficult time and our goal is to serve and protect you to ease your financial burdens and stop injustice.
Drug and medical device injury settlements in South Carolina
Many cases, including drug injuries and medical devices injuries, end in a settlement agreement. This is when the insurance company and/or wrongdoer or “tortfeasor” agrees to cover your costs and damages including past medical bills, future medical bills, lost wages, lost anticipated income, and pain and suffering. In return, you agree to not file a lawsuit against the wrongdoer or to dismiss an ongoing lawsuit.
You should not accept insurance company’s lowball offers. Insurers or wrongdoers may try to get you to accept less than you deserve. For catastrophic drug injuries it can be particularly difficult to calculate future damages and, therefore, hiring a knowledgeable South Carolina drug and medical device injury lawyer can help get the best results available to you.
What is a Contingency Fee?
How do I pay for the lawyer?
We work on a contingency fee basis meaning the victims we represent pay nothing at all unless we win. Once you receive money from either a settlement or verdict, we receive a certain percentage of that settlement or verdict. If your lawsuit is unsuccessful, you will not owe us any attorney fees. This allows the plaintiff to reap the rewards without risk of having to pay for a loss.