A number of individuals who have been the victim of prescription drug abuse have found themselves unable to pursue legal action against their suppliers due to the fact that these victims have now reached the point at which they cannot physically defend themselves in a court of law. The problem with many pharmaceuticals and pharmacies is that they simply do not want to spend the time, money and effort required to go to court to seek justice for the injuries and damages sustained as a result of their client’s drug dependency.
Many victims are too frightened to pursue legal proceedings in a bid to obtain justice for their injuries as a result of drug use, and prefer to accept lower monetary compensation offers than they may otherwise be able to achieve.
Ambien Lawsuit Settlements
As an example of how easily drug companies can settle this kind of case for far less than the victims would be entitled to receive, consider the recent case of R.J. Smith, a plaintiff in a wrongful death suit. Mr. Smith died after using the sedative benzodiazepines to help him sleep at night. It was later discovered that he had been taking these drugs for several years. His family subsequently filed suit against the company that sold Mr. Smith the drugs, calling for compensation for medical expenses, pain and suffering, as well as damages for wrongful death.
The company’s defense was that the drugs were not dangerous and did not cause Mr. Smith’s death. Despite this evidence, the court ruled in favor of the defendant and ruled that the pharmaceutical company was liable for failing to warn Mr. Smith that the drugs he was taking were highly addictive and potentially addictive, thus causing his death.
Ambien lawsuit settlements may also be awarded in cases where the victim has been unable to achieve any type of monetary recovery from the negligence of the medical institution from which the drugs had been prescribed.
These types of lawsuits are often the most difficult to win, as the medical institution may attempt to defeat a claim on the basis that the drugs were properly prescribed by a qualified professional. The courts require that the plaintiff show that the doctor in question was negligent in prescribing the drug in question, which requires extensive medical records and evidence that will clearly demonstrate the doctor’s negligence in treating the patient with the drugs.
Because Ambien is a sleeping pill, there is a higher risk of patients using the drug while they are awake.
This increases the likelihood that an employee or member of the family may be able to take Ambien without showing signs of intoxication when actually working or while driving. When such accidents occur, it becomes extremely important for the patient and/or family members to file a personal injury claim. In these types of lawsuits, it is often very difficult to obtain compensation unless it is proven that the negligent person or company acted deliberately, causing the victim to suffer harm beyond their control.
If the victim is unable to obtain financial settlement because of the nature of Ambien and/or the drugs used, they may wish to consider pursuing a derivative lawsuit against the drug company.
Many people file such lawsuits that successfully force the companies to turn over information about their manufacturing process and other relevant information to prevent them from misrepresenting the medicine to the public. For drug companies, having to pay out money in this way can severely affect their financial bottom line, thereby reducing the amount of capital they have available to pursue lawsuits. Although derivative lawsuits are generally awarded at trial, plaintiffs are sometimes able to obtain additional monetary damages if the company is found to be liable for damages in the form of punitive damages.
There are several different scenarios in which the medication in question may cause medical complications, which may allow the lawsuit to proceed.
It is crucial for patients to consult a lawyer before beginning any type of medication-related litigation. Ambien lawsuits are generally very complex and require an experienced attorney to bring the best possible case on their behalf. The drug in question is one that affects a person’s sleeping habits and must be treated with care and caution. A qualified attorney should ensure that the patient receives full compensation for their suffering and for the pain and damage caused by Ambien.