Yes, prescription drugs and medical devices can save lives. Everyone understands how critical these products are for millions of people around the country. However, what happens when these medical devices or prescription drugs do not do what they are intended to. What if they cause more issues than they solve and result in debilitating injuries, extensive pain, and life-long harm that forever impacts an individual’s life.
Even though these devices and products are designed to help others, they also have the capacity to cause catastrophic damages. As a victim of such an injury, you deserve to pursue justice for the harm endured. Often these hazards are associated with a manufacturer failing to adequately study or test one of their products before bringing it to consumers. Consequently, if you have been injured because of a dangerous drug or a defective medical device, you need legal help that you can trust. Legal help that can provide you the answers you need and fight for you and your rights.
Jason Ochs, general managing partner at the Ochs Law Firm, has been the victim of a rare, non-disclosed side effect from a prescription drug that left him paralyzed below his chest for three weeks. Mr. Ochs has been there, rehabbing and recovering for more than year after, and even though your experience may be different, or a different drug or product, the emotions and feelings of helplessness are the same. Mr. Ochs understands and he’s committed his practice to right these wrongs that are not the doing of those who become harmed. Read Jason’s story on our homepage for further background.
Created with the goal of representing those injured in an accident and standing up for those who could not fight for themselves, the Ochs Law Firm has been helping personal injury clients for over 15 years in Wyoming, Idaho, California, Kansas, Colorado and even nationwide.
Today, our law firm takes on a variety of cases, and our experienced product liability lawyers, dangerous drug attorneys, dangerous device medical attorneys, car accident lawyers, and personal injury attorneys have won tens of millions of dollars in settlement awards and jury verdicts for our clients.
When you retain the Ochs Law Firm, you can rest assured that our team can:
If you or a family member has been harmed because of a dangerous drug or by a defective medical device, you may be able to pursue compensation through a product liability claim.
Typically, when you file a product liability claim, you are filing it against a designer, manufacturer, or product retailer because a product was somehow defective and injured you. In general, these claims fall into three categories, including manufacturing defects, design defects, or a failure to warn.
If you have a product liability claim, you do not always need to prove that the designer, seller, or manufacturer was negligent in causing you harm. In fact, you may only have to show that the medical device or drug was defective and you were injured because of the defect. However, because of the complexities involved in these cases, it would be in your best interest to speak with one of the experienced dangerous drugs and medical device lawyers at Ochs Law Firm. Our attorneys can go over your claim, figure out whether you have a viable case, and determine what evidence is needed to prove that the defective medical device or drugs caused you harm.
In Wyoming, if you have been injured because of a dangerous drug or a defective medical device, you may be entitled to certain types of compensation, including Economic Damages, Non-Economic Damages, and Punitive Damages.
Economic Damages: These are actual verifiable losses that result from the accident. These damages include:
Non-Economic Damages: These damages refer to the rather subjective losses that result from the accident and are not easily quantifiable. They include:
Punitive Damages: In certain situations, if the defendant’s actions are so egregious, the court may award the plaintiff punitive damages because they want to punish the defendant and deter them and others from committing the same acts again in the future. However, these damages are only awarded in exceptional cases where the plaintiff shows the defendant’s conduct is outrageous, willful, and wanton.
In order to have a successful dangerous drug or a defective medical device case, there are certain elements that you must prove. These elements include the following:
If you believe you have a dangerous drug or a defective medical device claim, you need to talk to the Ochs Law Firm as soon as possible. Our dangerous drug and defective medical device attorneys can quickly get to work- investigating your claim and gathering the critical evidence needed to prove each of these elements.
Typically, when you have a defective medical device or a dangerous drug case, there are numerous parties that can be held accountable for the injuries you sustained. Usually, most cases start with finding the manufacturer of the defective product liable. However, because product liability cases may be brought against any party that is part of the manufacturing chain. In addition to the manufacturer, the following parties can also be found at-fault for the injuries:
When you retain the Ochs Law Firm, our experienced dangerous drugs and defective medical device attorneys can get to work. Not only figuring out what happened and who was at fault for your injuries. But if more than one party appears liable, we can go after all those responsible and fight for the maximum compensation you are entitled to.
The statute of limitations is a law that dictates how much time you have to file a claim from the date of an alleged offense. If you do not file the claim within this allotted time, you may be barred from collecting compensation for your injuries. In Wyoming, the statute of limitations to file a lawsuit for a dangerous drug or a defective medical device is four years from the date the injury occurred. However, this time can be extended or shortened depending on the facts of the case. For these reasons, it is essential to speak with the Ochs Law Firm as soon as possible. Our attorneys can promptly go over your claim, determine how long you have to file your case, and ensure that these filings and motions are completed correctly and filed on time.
It is also important to note that just because you have a few years to file a dangerous drug and defective medical device claim, you should not wait too long to bring your case. Over time memories of the accident can fade, critical evidence can disappear, and vital witnesses may no longer be able to testify. As a result, your case can be negatively impacted, and these factors can hurt your chance of obtaining maximum compensation.
Dangerous drugs and defective medical device claims are incredibly complicated. These cases not only require a thorough understanding of the state’s laws, but you also need to be able to bring relevant and detailed evidence and strong legal arguments that can substantiate your claims.
For these reasons, it is vital that you contact the Ochs Law Firm as soon as you start feeling any adverse effects or pain, or you discover potential issues with any of the drugs you have been taking or from the medical devices that have been used on you. Our attorneys know how crucial it is to act fast in these situations and to provide you the legal help you need. Once retained, our experienced dangerous drug and defective medical device lawyers can get to work:
If you or a loved one has been injured because of a dangerous drug or a defective medical device. Do not wait any longer. Contact Ochs Law Firm today for a free consultation. We want to hear your story and discover how we can work together to restore you.