ASK THE BULLDOG LAWYERS ABOUT YOUR YAZ, YASMIN OR OCELLA LAWSUIT
What Damages are Available to People Who Have Been Injured by Yaz, Yasmin or Ocella?
Although the FDA is an important regulatory body, it does not actually provide any legal protection for pharmaceutical companies and drug manufacturers in the event that a drug is later discovered to be defective. Millions of Americans every week take over-the-counter and prescription medication for pain relief, to reduce symptoms or for other reasons, such as birth control. If a woman suffers from serious side effects after taking Yaz or Yasmin, she may be able to recover damages (compensation) for the injury caused to her. If a woman dies as a result of taking Yaz or Yasmin, her family members may be able to claim damages for wrongful death. Some states have special laws that provide for cases involving pharmaceutical liability.
Damages can be divided into three distinct categories. Economic damages are paid to compensate for actual expenses incurred as a result of the injury. These include medical and funeral expenses, palliative care, nursing, the cost of medical aids and the cost of travel to and from hospital. It also includes the loss of future financial support, which could include the loss of inheritance, loss of future earnings, gifts and other monetary benefits.
Non-economic damages are generally awarded for pain and suffering. In the event that a woman has died as a result of taking Yasmin, Yaz or Ocella birth control pills, the non-economic damages extend to loss of love and support that she would have provided to her spouse, partner and children had she survived.
Punitive damages are awarded by the court, in an effort to punish the drug manufacturer for their behavior. If it can be shown that the drug company engaged purposefully in wrong, illegal behavior, the plaintiff may potentially recover this type of damages.
Why Can People Claim Damages?
The companies that release pharmaceutical products into the marketplace are under a duty to ensure that the products they sell to consumers are safe. Occasionally, though, these drugs are defective. They can be defective in numerous ways:
- the drug packaging and inserts are not properly labeled / do not provide adequate warnings
- they are not properly tested before being released to the public
- they have other defects that cause serious injury or death
- the drug company failed to disclose the risks and effects of taking the drug
- the drug advertised itself as being a treatment for ailments outside the scope of the FDA’s approval
- the drug was not fit for purpose or was not made properly
If the plaintiff (or their representatives) can prove that the pharmaceutical company manufactured or supplied defective drugs in one or more of these ways, and in so doing caused them injury or death, they may be entitled to claim damages. To discuss whether you have a potential claim for damages, contact a specialist defective drug attorney today.
