FREQUENTLY ASKED QUESTIONS ABOUT PRODUCT LIABILITY REGARDING FENFLURAMINE AND PHENTERMINE (FEN-PHEN)
What is product liability?
What is Fen-Phen?
Why was Fen-Phen pulled from the market?
Weren't Fen-Phen cases already settled?
How do I know if I should call you?
What should I do if I think I may be affected?
What is a “failure to warn” claim?
What kind of claims can be brought for product liability?
What is strict liability?
What is negligence?
What is breach of warranty?
What damages does the law allow in product liability cases?
What are economic damages?
What are noneconomic damages?
What are punitive damages, and may they be recovered in product
liability cases?
If I bring my case to you, what will you do?
How do I know that you will do a good job on my case?
What are your fees?
Q. What is product liability?
A. Product liability is the body of law that provides for
compensation for physical injuries resulting from defective and unreasonably
dangerous products and from the failure of a manufacturer or seller to warn
the consumer of product dangers.
Q. What is Fen-Phen?
A. Fenfluramine and phentermine (Fen-Phen) when prescribed
or ingested together are weight loss drugs popularly known, advertised and
referred to as "Fen-Phen." The drugs are commonly prescribed in combination
with each other and with dexfenfluramine (Redux).
Q. Why was Fen-Phen
pulled from the market?
A. Fen-Phen and Redux were pulled off the market in 1997
after they were linked to serious heart valve damage and Pulmonary Hypertension.
Q. Weren't Fen-Phen
cases already settled?
A. There have been tens of thousands of lawsuits filed
and settled. Most of these cases were signed up a couple years ago, but there
is a new class of cases that can be filed. You need to be aware that heart
valve damage from these drugs can be a progressive disease and symptoms may
not be immediately noticeable. So you may be able to be included now, when
you weren't before when you had no symptoms from these drugs.
Q. How do I know
if I should call you?
A. You should call us if any of the following conditions
exist:
- You opted out of the class action, but have not hired an attorney;
- You did not obtain an echocardiogram until October 1, 1999 or later and now know you have valve damage;
- You are having symptoms such as shortness of breath, swelling in the legs, chest pain, or heart palpitations;
- You have been diagnosed with Primary Pulmonary Hypertesnion(PPH).
If Fen-Phen has caused you or a loved one significant physical damage, you may be entitled to a large compensatory award. You must protect those legal rights before they lapse by passage of time and are barred by various states' statutes of limitations. You should contact us to evaluate your rights. Many valuable legal rights are lost everyday because of peoples' failure to take legal precautions. Call us now at 1-800-DRUG LINE to protect your rights. Or E-Mail us for more information.
Q. what should
I do if I think I may be affected?
A. We encourage those people who think they may be affected
to contact their doctor and discuss your concerns and symptoms. Complications
from hypertension and heart valve damage can be potentially fatal. You should
contact your physician for appropriate treatment. We are not health care professionals
and cannot comment on, or recommend a course of treatment for any individual.
Q. What is a “failure to warn” claim?
A. Failure to warn is the claim that a manufacturer failed to provide directions for the safe use of a product.
Q. What kind of
claims can be brought for product liability?
A. The alternative theories of liability in a product liability
case are (1) strict liability; (2) negligence and (3) breach of warranty. Sometimes
all three theories are pursued in one case.
Q. What is strict liability?
A. Strict liability is the legal principle that a person
or company which sells a product in a “defective condition” that is
unreasonably dangerous to the ordinary user may be liable for any physical
injuries. The defect may be in the product’s design or manufacturing, in
the product’s container or packaging, or in the instructions or warning
necessary for the product’s safe use. In a strict liability case, the injured
person is not required to prove the manufacturer or seller was negligent.
Q. What is negligence?
A. Negligence is a breach of a duty owed by the manufacturer
to the user in light of the reasonably anticipated harm arising from all reasonably
foreseeable uses of the product. The duty includes design, manufacturing, instructing
and warning. In a negligence case the injured party must prove a violation
of a standard of reasonable care by the manufacturer in the manufacture of
the product.
Q. What is breach
of warranty?
A. A warranty is an expressed or implied representation
about the product to the consumer. Common warranties are that the product is
fit for the ordinary purpose for which it is used or that the product is fit
for a particular specific purpose. Breach of warranty generally means that
the product did not perform as represented or expected.
Q. What damages
does the law allow in product liability cases?
A. Generally, the plaintiff is to be reasonably compensated
for all injuries and losses resulting from the occurrence in question. Damages
are split into two general categories: economic (past and future), and noneconomic
(past and future).
Q. What are economic
damages?
A. Economic damages include almost everything that can
be replaced with a checkbook. This category of damages is very broad and
will vary from case to case. Economic damages can include the reasonable
expenses of necessary medical care; hospitalization and treatment; loss of
income or earning capacity; the reasonable value of services provided by
family members for free; the cost of hiring others to perform normal household
duties; and the loss of the injured person's services to his or her spouse.
These losses are projected into the future based, among other factors, on
medical testimony regarding continuing disability and future needs.
Q. What are noneconomic
damages?
A. Noneconomic damages are those losses which cannot be
quantified in a dollar amount. The most prominent examples are pain and suffering,
mental anguish, inconvenience, physical impairment or disability, disfigurement,
and loss of enjoyment of life. The importance of categorizing damages as economic
or noneconomic lies in the fact that noneconomic damages are sometimes limited
under some state laws. We often see cases where people's lives are devastated
by catastrophic injuries, but if they are children or elderly, economic losses
are limited and the capped amount of noneconomic damages is unfairly inadequate.
Q. What are punitive damages, and may they be recovered in product liability cases?
A. Punitive damages are not based upon the severity of the injury to the plaintiff, but rather upon the need to punish the defendant and deter others from engaging in like conduct. Before punitive damages may be awarded, the plaintiff must prove that the defendant acted in a “wanton or intentional” way, which includes the “reckless disregard” of a known danger to the plaintiff’s health and safety. This must be proven by clear and convincing evidence. Punitive damages are extremely rare, but available in appropriate circumstances.
Q. If I bring
my case to you, what will you do and how much will it cost?
A. First of all, we will not charge you for any of the
time we spend visiting with you or for the cost of investigating your case.
We start with an interview to determine the facts as you know them, and make
a judgment about whether the case is one which falls within our expertise
and interests. The ensuing investigation begins with the collection of all
pertinent records, including accident reports, product literature, company
brochures, and medical records. We ask you to sign releases authorizing us
to obtain these records. We then review and analyze the records. If we believe
there is a strong possibility that a product was defective, we will submit
it to the appropriate experts for review, asking them for their opinions
on the issues of the defective nature of the product, damages and causation.
If, after consultation with experts, we believe that we can satisfy our burden
of proof, we recommend that the case be filed.
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Q. How do I know
that you will do a good job on my case?
A. We believe that our experience and results in product
liability cases count. We have a commitment to getting an excellent result
in every case we decide to pursue, and our track record and credibility are
extremely important to us. Please keep in mind, however, that every case is
different and no result is guaranteed. All we can promise is our best effort
on each and every case.
A. Balkin & Eisbrouch handle
all cases on what is called a contingency fee. This means that no fees or
costs are charged unless we collect money damages for you. We advance all
costs for investigators, court reporters, expert witness testimony, accident
reconstructionists, filing fees and any other expenses related to your case.
All of the consultations with our office are absolutely free. When you recieve
compensation, meaning we have successfully concluded your case, either by
settlement or litigation, our fees are a percentage of the gross settlement.
This percentage is agreed upon before we begin work on your case and is generally
between 20% and 40%. The percentage depends on the complexity and type of
case.
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No Recovery, No Fee!
We know most people can't afford high, hourly legal fees. That's why we work on a contingency basis. This means you won't pay anything, unless we recover money for you.
If you or someone you love has been injured in a car accident anywhere in the United States, Canada, Puerto Rico and all American possessions, let our experienced auto accident lawyers help you receive the compensation you deserve.
Email us or call us today at 1-800-RESULTS.
"THE RESPECT YOU DEMAND. THE RESULTS YOU DESERVE."®
Balkin & Eisbrouch, LLC
A National Law Firm
"Making Things Right For Over 35 Years"
