Due to technological advancement and improved medical research, scientists have come up with several medications that can boost and improve our health for a more quality life. Drug manufacturers have a legal obligation under Strict Product Liability law to protect consumers from any possible harm associated with a drug. To protect their customers means warning them of any dangerous side effects of their medications in advance.
Most Americans who suffer a shortage of iron in their blood, also known as anemia condition, opt for injection of intravenous iron medication instead of the traditional oral iron supplement pills for treatment. Injectafer is a commonly used intravenous medication for treating anemia condition. However, this form of medication has unexpected severe side effects such as hypophosphatemia condition, and the drug manufacturer does not warn prospective consumers of such possible and fatal side effects of the drug. If you suffer such health conditions after an injection of Injectafer, we invite you to contact us at Consumer Alert Now for help in joining a mass tort to hold those manufacturers liable for your damages.
Dangerous Drugs Overview
A drug is a scientifically approved substance that alters a person’s physiological or psychological body functions when consumed or injected. We all turn to drugs at some point when we feel sick to regain control of our health. As much as we all want quality and healthy life, we also need to pay attention to drugs we consume, whether prescribed or over the counter (OTC) medications because some of them carry severe side effects such as Injectafer.
Injectafer, also scientifically known as Ferric Carboxymaltose, is a drug used to treat anemia blood condition, but the drug side effects include a fatal health condition known as hypophosphatemia. We will discuss more details about Injectafer in this article and how patients who suffer severe side effects of the drug can seek damages compensation from the manufacturer.
All pharmaceutical companies have a duty of care obligation to protect consumers of their drugs by warning them of all side effects of their drugs in advance. A prior warning will help doctors and patients make informed and knowledgeable decisions for the treatment of a particular condition or disease. However, some pharmaceutical companies negligently make defective drugs and fail to warn consumers of the potential side effects of the drugs because the profit is too good. Such companies should be liable for any damages resulting from the use of their drug under strict product liability law. This is because they failed to warn users of the potential side effects of the drug for proper precautions and manufacturing defecting drugs.
Before any medications or drugs become ready for use by the public, pharmaceutical companies must send samples of their drugs to the Food and Drug Administration (FDA) for testing and analysis of drug effectiveness. FDA regulates the quality of drugs by pharmaceutical companies before they reach the consumers. However, sometimes even after drug approval by FDA through thorough testing and analysis, some drug side effects are not noticeable until later when several people report side effects associated with a particular drug. Thus, people might find drugs risky even if the FDA approves it to treat a particular disease or condition. Even though the FDA cannot guarantee safety when it comes to the use of some drugs, drug manufacturers carry the legal responsibility of ensuring their drugs are safe for everyone's consumption.
What You Need to Know About Injectafer
Injectafer is a commonly used intravenous iron drug supplement that treats anemia and is manufactured by American Regent. Anemia is a health condition associated with a lack of enough iron in the blood, which alters the production of red blood cells, leading to a lack of enough oxygen in the body tissues. FDA approved Injectafer for treatment of anemia condition in July 2013. After approval of the drug’s use, reports have shown that most people who opt to use this particular drug must report hypophosphatemia (HPP) later as the major life-threatening side effect of the drug, which the manufacturer fails to warn the users. You may have a viable lawsuit if you suffer hypophosphatemia after an injection of Injectafer (ferric carboxymaltose).
Hypophosphatemia is a blood health condition that happens when there are abnormally low phosphate levels in a patient’s bloodstream. Hypophosphatemia can become very severe and fatal if the levels of phosphate drop below 0.32mmol/L. Below are common symptoms of hypophosphatemia condition which most people suffer after a dose of Injectafer to treat anemia:
- Mental confusion
- Respiratory failure
- Difficulty in breathing
- Cardiac arrest and heart failure
Scientists have proved that there are high chances of developing hypophosphatemia conditions after an injection of a dose of Injectafer, which stands at 70% in contrast to other intravenous injections for treating anemia. However, the respective pharmaceutical company manufacturing Injectafer drugs does not mention hypophosphatemia as the side effect of using this drug anywhere in the drug container label.
After experiencing such side effects of Injectafer dose, you should contact a doctor as soon as possible to diagnose and examine the health condition. After a doctor's diagnosis and it’s clear that you developed hypophosphatemia condition because of the Injectafer iron supplement injection, you can now talk to a reliable attorney for legal representation as you seek damages compensation from the drug manufacturer. We invite you to Contact Consumer Alert Now for a comprehensive assessment and evaluation of your case to hold a negligent drug manufacturer liable for your damages under strict product liability law.
Filing an Injectafer Lawsuit
All pharmaceutical companies, including those that manufacture Injectafer, have a legal obligation to disclose all possible side effects their drugs can cause to consumers. Patients and doctors rely on this information to make informed decisions when choosing the best drug for treatment. However, even though some companies are aware of the possible complications their drug can cause to consumers, they continue producing and marketing the products because the profit is huge.
If you develop hypophosphatemia symptoms after a dose of Injectafer, you may have a viable lawsuit against the pharmaceutical company behind the drug. If having the company behind the Injectafer is in your best interest, you should reach out to an attorney as soon as possible to compile pieces of evidence essential for proving your losses and the defendant liable.
Under strict product liability law, drug manufacturers will be liable for all the losses that patients incur after using their defective drug. A drug is defective if it causes abnormal effects beyond the intended purpose after a reasonable usage, for instance, hypophosphatemia condition, which develops after a reasonable Injectafer dose.
You can file an Injectafer lawsuit to seek compensation for damages you incur after developing hypophosphatemia and an award of punitive damages to punish the company behind the drug. The company does not have to be negligent in proving accountability for your losses under strict product liability law if you can prove that their product was defective, leading to unexpected side effects.
Ways of Filing an Injectafer Lawsuit
Since the Injectafer dose affects several consumers, with your attorney’s help, you can file your case as either a “class action” or “mass action.” Below are distinctive characteristics of class action and mass action lawsuit:
A “class action” lawsuit is a lawful action brought by one or more plaintiffs to sue on behalf or as a representative of a particular class of people with similar interests/claims. Class action lawsuits resolve a common issue of liability or damage affecting several people, for instance, a liability issue involving the use of dangerous drugs like Injectafer. A judge will accept this form of legal remedy for all members of the class if they meet the requirements for certification of the class. Some of the requirement for certification of a class-action lawsuit include:
- Claims must be common
- Common claims must be numerous
- The class representative(s) claim is typical to other members claims
- The class representative(s) are willing and ready to take the task of representing the whole class well and fairly
After the class’s certification, the court will notify all other members of the class about the claim via emails, usually at the expense of the plaintiff representing the class. You may not be able to prevent people from opting out of the class if they wish to file individual cases. If your attorney recommends a class action lawsuit after suffering unexpected side effects of Injectafer, then it means that the right way for you to seek adequate compensation for your losses depends on the nature of your case.
A mass action lawsuit is also known as multidistrict litigation and is also another suitable legal action effective whenever there are numerous plaintiffs with similar claims against one common defendant. For instance, patients who have developed hypophosphatemia after an Injectafer dose can file a mass tort action against the pharmaceutical company, which manufactures and markets the drug without warning users of the potential side effects of the drug. Unlike in class action where one person represents the claims of other members of the class, in mass action lawsuits, numerous plaintiffs can file a lawsuit against one defendant or defendants to hold them responsible for their losses.
A plaintiff attorney can file a petition with the court to request to centralize a group of people with common claims or lawsuits. A federal court system refers to such centralized litigations as multidistrict litigation or mass action. The court will agree to offer the request of this petition as long as the lawsuit will:
- Involve or demonstrate the involvement of numerous plaintiffs
- Involve injuries which are as a result of a common cause
After the establishment of a tort program, all individual cases that involve common products, injuries, and facts are transferred to one particular judge in the district for a common pretrial proceeding, which is well coordinated. A mass action lawsuit preserves the court’s resources, plaintiffs, and witnesses involved in the case because all the claims are under one judge, hence preserving time for other cases.
Unlike in class action lawsuits where the compensation is identical to all members of the class, in mass action lawsuits, plaintiffs can get different amounts of compensation because each plaintiff's claim is different in terms of the Injectafer side effect severity. Depending on the nature of your case after Injectafer dose prescription, it’s upon your attorney to decide the best way to file your Injectafer lawsuit to achieve adequate compensation for the losses resulting from the unexpected side effects of the defective drug.
What You Should Expect in a Product Liability Injectafer Lawsuit
Any person or company that designs or manufactures a defective product and supplies them to the market without warning the users should be liable for any damage or injury the product causes. Under product liability laws, the pharmaceutical company behind Injectafer should be liable for all the losses that patients suffer after taking an Injectafer dose because the company does not warn consumers of the possible side of a hypophosphatemia condition.
Injectafer drugs have a design defect, which makes the drug dangerous for anemia treatment because it increases the risk of a patient suffering hypophosphatemia blood condition after a dose of the drug. The pharmaceutical company behind Injectafer breaches their duty of care by failing to warn the users of the possible side effects of hypophosphatemia condition in the Injectafer dose hence making several innocent people hurt. To hold the defendant/ manufacturer of the Injectafer accountable for their actions and losses after taking a dose of Injectafer, you should prove the following elements of product liability above a reasonable doubt during the trial:
The Defendant Manufactured, Designed, and Sold the Injectafer Drug
Hypophosphatemia condition triggered by Injectafer dose is due to a design defect of the drug. The design of a product is defective if it fails to safely perform its purpose, as any reasonable consumer would expect after using it in a reasonably foreseeable manner. Your product liability attorney should be able to demonstrate to the court how the defendant behind the Injectafer drug led to your harm and other people’s harm in either a mass or class action to get adequate compensation for your losses.
The Injectafer Drug Was Defective When It Left Defendant/Manufacturer’s Possession
In an Injectafer lawsuit, the plaintiff(s) lawyers must show the judge that the drug was defective when it left the defendant’s possession when proving liability for your damages. If the defendant was aware that the Injectafer was defective and still sold it to people knowingly, he/she should be accountable for all the unexpected losses that people incur as a side effect of the defective drug. Proving that the Injectafer was defective when it left the manufacturer’s possession is another vital element for proving product liability in an Injectafer lawsuit.
The plaintiff used the Injectafer Reasonably in Foreseeable Manner
Drug manufacturers must anticipate how any reasonable person would use their product or even misuse it to ensure it is safe for every consumer. If how the consumer used or misused the product was reasonably foreseeable, and the use led to some injuries or illness, the defendant should be strictly liable for all the losses that consumers of the product incur. Manufacturers of Injectafer should take all the necessary reasonable precautions to reduce the harm of their product on people who use the product for the treatment of anemia or kidney problems. Apart from inspecting the product to make sure it safe for use, manufacturers of Injectafer should also provide an adequate prior warning to consumers of the possible side effects of the drug for proper precautions.
The Plaintiff Suffered Harmful Side Effects After Injectafer Dose
Finally, the judge will grant a plaintiff or plaintiffs in a class/mass action their compensation if they have suffered actual damages after using the defective Injectafer. You may use an Injectafer dose and probably not suffer any harmful side effects. Therefore, the plaintiff’s lawyer must demonstrate to the judge how the use of the Injectafer drug led to the plaintiff’s illness or injuries. The common side effect of Injectafer dose is fatal hypophosphatemia condition, and the drug manufacturer does not warn users of this side effect of the drug even when they are marketing the product. Ensure you retain your doctor’s diagnosis results to prove to the judge that you suffered the harmful side effect of the Injectafer dose.
Although it’s not always necessary to bring witnesses in a product liability lawsuit, during an Injectafer lawsuit, you might bring a few witnesses to help you prove the above elements of product liability for an adequate compensation award for your losses. It is up to the jury to establish whether the defendant took reasonable precautions when designing the Injectafer and whether the plaintiff’s Injectafer use was reasonably foreseeable as any standard person would under similar circumstances. For your Injectafer lawsuit to be valid, you need to pay attention to your state statute of limitations for filing such civil lawsuits. Typically, plaintiffs wishing to file an Injectafer lawsuit will have a maximum of two years since the day they suffered unexpected harmful side effects of the drug prescription, such as hypophosphatemia condition.
Compensatory Damages Available in an Injectafer Lawsuit
Plaintiffs who have suffered hypophosphatemia after taking an Injectafer dose will be eligible to receive compensatory damages if their attorney can prove the above elements of product liability above a reasonable doubt to the tribunal. A judge grants compensatory damages to the plaintiff(s) in an Injectafer lawsuit to compensate them for all the losses they’ve suffered to bring them back to where they were before using the defective drug. There are two kinds of compensatory damages a plaintiff can receive in Injectafer lawsuit, that is:
The losses that a plaintiff incurs after Injectafer dose that is compensable in monetary means are known as economic damages. Economic damages cover the money amount that the plaintiff incurs out of pocket or might have to spend in the future because of the earlier Injectafer prescription complications. The plaintiff(s) will receive economic damages for the following type of losses:
- Medical bills
- Drug prescription bills
- Lost earning capacity
- Lost wages
Economic damages are the losses a plaintiff incurs after an Injectafer prescription that does not necessarily involve out of pocket expenses or cannot be attached to any dollar amount. Non-economic damages cover the following type of losses:
- Pain and suffering
- Loss of ability to enjoy life enjoyment
- Emotional distress
On top of compensatory damages, the plaintiff can also receive punitive damages to punish the defendant for manufacturing and designing a defective drug and failing to warn prospective users. Punitive damages are always an appropriate punishment to the defendant and also acts as an example to discourage pharmaceutical companies from manufacturing such dangerous drugs. Punitive damages have no fixed amount because the award depends on the extent of the plaintiff's injuries or illness. To achieve adequate compensation for your losses in an Injectafer lawsuit, you will depend on your product liability attorney skills and knowledge of the law to hold the pharmaceutical company behind the drug accountable for your losses.
Find a Mass Tort Near Me
Drug manufacturers have a legal obligation to manufacture drugs that are safe for everyone to use. In case a particular drug is defective, manufacturers should warn prospective consumers for proper precautions. Unfortunately, some pharmaceutical companies don’t take heed of their obligation, such as the manufacturers of Injectafer. If you had an Injectafer prescription that you used in a reasonably foreseeable manner and suffered hypophosphatemia condition as an unexpected side effect of the drug, you should contact a product liability attorney to help you seek compensation for your losses. Contact the Contact Consumer Alert Now at 800-511-0747 wherever you are nationwide for a comprehensive evaluation of your case details to determine if there is a viable case against the pharmaceutical company behind the Injectafer. We can help you join an Injectafer mass tort to hold the manufacturer responsible for your damages.