The short answer is yes. Although the cases against Bextra will be product liability cases like many others, one of the special considerations is that the withdrawal of Bextra from the market follows the withdrawal of another similar prescription drug also at the request of the U.S. Food and Drug Administration. Prior to Bextra, the sale of another non-steroidal anti-inflammatory drug (NSAID) was halted, Vioxx, manufactured by Merck and Company. Some of the side effects are similar to those caused by Bextra, and the drug was prescribed for the same purposes—pain from osteoarthritis and rheumatoid arthritis. Interestingly, the FDA has also asked that stronger warning labels be placed on other NSAIDS, both prescription (e.g. Celebrex) and non-prescription, including Advil and Aleve. There may be more information to come regarding these drugs and the problems they can potentially cause which will assist attorneys in making their cases against Bextra’s manufacturer.

Another special consideration with Bextra (like some other product liability cases, but certainly not all) is the possibility of joining a class action suit. A class action is a legal procedure where a large group of people that have all suffered or are still suffering similar health problems as a result of taking this medication sue as part of a group. One or two of the parties file the complaint on behalf of the group and themselves (for more on class actions, click here. This is sometimes done with product liability cases where large numbers of people have been injured (such as tobacco companies, asbestos cases, and the like). If a Bextra class action is successful, the settlement received is paid out to all plaintiffs named on it, which means that the settlement received has to be split between all plaintiffs in the group. It costs less to file as part of a class action because there are a number of people sharing the costs. There’s strength in numbers. A class action lawsuit, therefore, can give strength to the claim, which means that one member of the group would stand a better chance of success than going it alone.

For a free legal evaluation of a Bextra claim,click here.