Filing a Fluororinated Asscher Settlement
An interesting new development in the fight against infectious disease comes from the pharmaceutical company Merck, which is currently suing a Florida woman for chronic fatigue. Merck wants to use the FDA’s approval process to force the plaintiff to cough up millions for their toxic chemotherapy drugs. The question on everyone’s mind is; Does this lawsuit make sense or does it simply have no chance of success? In order to provide an objective viewpoint we must first examine the basis for this legal challenge.
Fluorinated seeds were inadvertently laced with a lethal chemical called guanidine hydroxide (GH), which is used to sterilize needles and vials.
Apparently, during the manufacturing process of the drug accidentally became mixed with the herb quinine. Once mixed they formed a deadly combination. Merck is attempting to get the courts to force Mrs. Johnson to cough up money due to the direct effects of her wrongful negligence. Her complaint states that she was exposed to the lethal drug “unintentionally and without knowledge or understanding of its deadly nature”.
Her claim is likely to be successful if a jury decides that Merck did not take reasonable care when manufacturing fluoroquinolone.
To prove this case, Merck must be able to show that Mrs. Johnson’s exposure to the deadly drug was the direct cause of her fatigue. If a jury concludes that Merck was careless in manufacturing the drug they may find liability based upon negligence. Additionally, the courts will be able to further determine whether Merck’s intent was to create a dangerous drug and its subsequent toxicity was as a result of their negligence.
There are many factors which may influence a jury’s decision. One of the most important considerations will be the law of negligence. This area of the law pertains to how a manufacturer creates and delivers a product so that consumers are protected against hazards it may present. For example, the likelihood of a product being defective or dangerous has everything to do with how the courts will view the case. The courts are usually reluctant to award damages for errors of omission or commission.
Regardless, of whether you are a Merck plaintiff or a defendant in a fluoroquinolone lawsuit you must aggressively pursue your claim.
It should be noted that it is possible to file a lawsuit in state or federal court. In either case you will need an attorney who is familiar with the intricacies of both systems. The attorney should also understand the statute of limitations for filing in federal court. In addition, you must maintain a strong case that will enable you to obtain the desired settlement.
Filing a lawsuit involves hiring a qualified attorney. You should do extensive research so that you have the best possible chance of prevailing.
First, make sure you understand the basics of personal injury law. Then, begin looking at various local attorneys who specialize in personal injury lawsuits. When looking for a lawsuit attorney do a thorough background check to make sure that he or she is experienced in dealing with cases like yours. Generally speaking, the better educated a lawyer is the more likely that he or she will be able to win the case for you.
In addition, do not hesitate to talk to people who have been through a fluoroquinolone lawsuit.
You could contact the attorney who handled your case and ask what their experience was. Alternatively, speak to people who have been through the experience. Perhaps they can offer some insight on how to handle the process. If you are not comfortable talking to people about your situation, you may wish to consider seeking legal counsel from a qualified attorney who does speak fluently in the area of personal injury law.
Finally, be aware of your current financial situation. Many plaintiffs find it easier to accept a smaller settlement than one that may provide long-term financial rewards. Also, keep in mind that it may be costly to pursue a lawsuit. Depending upon your financial situation you may be able to pursue a lawsuit on a contingency basis, which means that you would be paid nothing unless and until you win your lawsuit.