Filing a Lawsuit in a Fentanyl Patch Death
A Fentanyl Patch lawsuit against a large pharmaceutical company like Actavis Totowa, LLC, Mylan Labs, Johnson & Johnson, Sandoz and other drug and patch manufacturers, is a very serious undertaking. In a defective fentanyl patch lawsuit, there may be other potential defendants in the distribution chain that share in the liability including the distributors besides just the named patch manufacturer. Before a lawsuit is filed, we will order copies of all necessary medical records from the prescribing doctors, pain management clinics, hospitals, pharmacies and the Offices of the City or County Medical Examiner and others. Then we have had all records reviewed by a medical expert(s) and upon a favorable conclusion from these medical expert(s), we will file a product liability lawsuit against all responsible defendants on behalf of our clients.
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Punitive and Compensatory Damages in a Fentanyl Death Case
In most product liability cases, if you have been the victim of personal injury or a victim of a dangerous drug or medical device, then you may be entitled to monetary damages. In civil lawsuits like a product defect lawsuit, personal injury damages or monies are allotted to those who have been wrongfully injured by someone else. Damages are intended to help restore the victim(s) physically, emotionally, mentally, and financially. The two main types of personal injury damages are compensatory damages and in limited circumstances, exemplary or punitive damages. However, in a fentanyl patch death lawsuit, wrongful death damages will be sought for the surviving spouse, children, parents and in some states siblings of the fentanyl user.
Punitive Damages Possible in a Fentanyl Patch Death Case
Often called exemplary damages, punitive damages are typically awarded to the plaintiffs in addition to compensatory damages when the defendant's conduct has been especially malicious or oppressive. Punitive damages are awarded to punish the offender and to deter others from engaging in similar actions.
Punitive damages or exemplary damages are often awarded in cases where the defendant's action amount to gross negligence in those cases where the defendant acted with conscious indifference to the rights and safety of others or the actions were the result of the defendant's wanton, willful disregard as to the safety of others and for intentional behavior. In the case of Defective Fentanyl Patches, if it can be proved that the makers of Fentanyl patches knew of the packaging defects and failed to immediately recall these fentanyl patches much earlier or change the packaging or delivery system to prevent fentanyl overdose or fentanyl intoxication. If such evidence is proved, then the fentanyl patch defendants may be held liable for punitive damages or gross negligence.
How much can you Receive in a Wrongful Death Case?
Personal injury and wrongful death damages are determined on an individual, case-by-case basis. The amount is decided by the jury but can be reviewed by the court. If a judge feels that the amount of damages is excessive, he or she can order remittitur, a process in which the punitive damages are reduced without a new trial or appeal. If a judge feels that the amount of damages is inadequate, he or she can order additur, whereby punitive damages are increased without a new trial or appeal.
Fentanyl Recall Lawsuit Evaluation
If a loved one has died from complications due to Fentanyl intoxication or fentanyl overdose, please contact us immediately. Drug, or product liability litigation requires an experienced attorney who is familiar with filing suit against pharmaceutical companies and those liable. Mr. Willis is a Board Certified Personal Injury Trial Lawyer certified by the Texas Board of Legal Specialization. The Willis Law Firm has handled hundreds of personal injury claims, drug cases, class action lawsuits, and individual lawsuits and product liability injury cases and we are available to discuss your case with you. Let the Willis Law Firm fight for you and your legal rights.
Fentanyl Pain Patch Overdose Lawsuit - Talk to a Lawyer
Call the Willis Law Firm in Houston, Texas to discuss the legal options available to you and your family. Call toll free 1-800-883-9858 to talk to a Board Certified Personal Injury Trial Lawyer. All cases accepted on a contingency fee basis! Call us if we cam assist you.
Call our Law Firm Toll Free at 1-800-883-9858 for Fentanyl Lawsuit Information.
