When the damage to a customer’s leg from a defective Tylenol pill causes her to require months of medical care, her lawsuit against the manufacturer and the drug company is Filed. Plaintiffs’ lawyers are filing this suit as a class-action lawsuit on behalf of all women who have been injured by such products in the state of Florida. The Florida Manufacturers Association has filed its own lawsuit claiming that the drug was mis-sold and its label misprinted. However, both manufacturers and the Florida Department of Health are fighting back with their own lawsuits. They claim that the plaintiffs have no legal right to seek compensation for pain and suffering.
One of the class-action lawsuits filed against the manufacturers of Tylenol PEX by Jane W. Doe claimed that the drug was mis-sold because it contained a chemical (Pexline) that could cause a reaction causing nausea, vomiting, abdominal pain and diarrhea. According to the complaint, Doe was working at her desk while at work on her computer when she began experiencing severe back pain and immediately got off the chair and sought relief from her doctor. Doctors diagnosed her having Perleche, a condition which causes the tongue and face to become tender. Doe was prescribed a medication to treat the condition and later returned to work but soon suffered another attack, this time in the form of a painful blister on the left side of her lip.
After several visits to doctors and emergency rooms, Jane finally went to a Pain Management specialist who diagnosed her suffering from chronic pain caused by “Chronic Obstructive Pulmonary Disease (COPD)”. Her suit against the manufacturer was delayed until her permanent disability and dependability were assessed by the courts. As expected, the judge awarded partial, total and permanent damages which covered her medical bills, lost wages, loss of ability to earn an income, and pain and suffering. Her case was sent to a jury trial to determine how much compensation to award her. On the first day of deliberations, attorneys for both sides presented their closing arguments. The plaintiff’s attorney, Anthony Simeon, repeatedly stated that her client suffered a “lasting” disability due to COPD and therefore, could not receive benefits under the COBRA act.
Simeon’s attorney also repeatedly emphasized that the plaintiff had received no payments from the insurance company for more than a year prior to the onset of her case. He claimed that she was not employed by the company at the time of her death and was therefore entitled to greater compensation. A majority of the jurors agreed with the attorney and the case was lost. The insurance company was not forced into a settlement as it was aware that the verdict would ultimately be in favor of the defendant.
This is just one example of a nibcopex case being lost due to lack of evidence or weak medical testimony. In addition to having their medical records stolen in a federal case, one plaintiff’s medical records were found to contain material false information. Another plaintiff’s case was thrown out because her personal life was the subject of an investigation by the FBI. There have also been cases where plaintiffs have alleged they suffered injuries at work, but were unable to provide any medical records to support those claims.
If you have sustained a pex lawsuit, it is critical to retain a lawyer who specializes in medical malpractice and who knows how to build a strong case based on the facts of your particular case. Your attorney should also be familiar with the process necessary to take you through the medical exam process once the lawsuit is filed. He or she will be able to guide you through the discovery process and ensure that your lawsuit complies with local and state laws. Proper legal representation will ensure that you receive the compensation you deserve for suffering as a result of medical malpractice.