Bextra Recall Lawsuit and Litigation – How to File
Once you have found an attorney who is experienced with Bextra recall lawsuits, one of the central issues in a drug product liability action is determining who can be sued. Put simply, who were the parties involved in the process of making the drug available to the end user. Patients who have suffered serious side effects such as cardiovascular (CV) events and skin reactions most likely have a cause of action against Pfizer, Inc., the makers of Bextra. It appears that Pfizer was aware of the increased CV event and skin reaction risks long before the drug was pulled off the market shelves. Suffered harm from Bextra? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
Other potential entities in the chain are the pharmaceutical sales representatives, the testing laboratories, or the pharmacist who filled the prescription. To sustain a claim against the sales representative, you would need to show that the representative either shielded doctors from information about Bextra or provided some type of incentive that was sufficient to persuade doctors to prescribe Bextra in cases where they should not have done so.
You may also have a Bextra lawsuit against your health care physician. Warnings about Bextra and its risks were made available to health care professionals in 2002. A successful case against your doctor would prove that he/she negligently prescribed Bextra to you, or did not properly inform you about the correct usage of the drug, or did not properly follow up with necessary testing and observation, i.e. – your doctor was well aware of the risks of Bextra and unreasonably allowed you to continue taking the drug. There may be other possible companies/people that can be sued and an experienced Bextra litigation lawyer would know who are responsible along the chain of manufacture of the drug (See - What are the major legal issues involved with the prescription drug Bextra? Who
can I sue if I was damaged from using it? for more information).
Getting into the right court is also crucial. An experienced injury attorney who handles Bextra litigation will want to file in the home court that has more favorable rules and has a local jury population that is sympathetic to your injury (or hostile to large pharmaceutical opponent).
All claims have a time limit, called the statute of limitations. This means that if you do not file within a specified period of time, you lose your right to recovery. These time periods for drug liability lawsuits vary by state and depend on the facts and type of each case. Because each state and each situation is different, you don’t want to get caught short; ask your lawyer for specific information. Suffered harm from Bextra? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights. |