FAQ: Defective Drugs And Medical Devices

Q: If I don’t see the name of the drug or device that injured me listed on this website, does that mean I do not have a legal claim?

A: No, the name does not have to be on our list. This list is just an example of drugs and devices our firm is investigating or litigating. If you believe that you have been injured as a result of taking any prescription drug or medical device, you should contact us for a legal evaluation immediately.

Q: Do I have to bring a lawsuit against my doctor or pharmacist?

A: No, you do not have to bring a legal claim or lawsuit against your doctor or pharmacist. The claims discussed in this section are claims that are typically brought against manufacturers — the companies that create, make, market and distribute the drugs —not your doctor or pharmacist. In fact, in many instances, the doctor is as shocked to learn about the dangerous drug or device as the patient. There are instances where doctor or pharmacist misconduct or errors cause a patient injury; however, those types of cases are different. If you believe your doctor or pharmacist caused your injury (such as prescribing or providing you the wrong medication or dosage), please visit the medical malpractice section of our website.

Q: Who can bring a claim when injuries occur because of a dangerous prescription drug or medical device?

A: The injured patient or the estate (if deceased or a child) can bring a claim against the manufacturers. If you or a loved one has been injured, or died, as a result of a bad drug or device, contact us and our experienced attorneys can assist you in identifying who the named party should be in the lawsuit. It is important to know that claims can be brought:

  • On behalf of a person who died as a result of the drug or device use
  • On behalf of a person who is incapacitated and unable to bring their own claim because of the drug or device use
  • By a patient on behalf of his or her own claim for injuries
  • For the benefit and on behalf of a child injured by the drug or device

Q: How much will it cost me to get a consultation or to bring a lawsuit?

A: Foote, Mielke, Chavez & O’Neil, LLC, in Geneva, Illinois, offers absolutely free consultations for these types of claims. Contact us to schedule a Request case evaluation by calling 630-232-7450.

If we believe you have a case, and you select us as your lawyers, we agree to take these types of cases entirely on a contingent fee. This means that you only have to pay us if we recover money damages for you. If we recover money damages, we will collect a percentage as our fee and any advanced costs of litigation. The terms of the contingent fee will be plainly set forth in a written attorney representation agreement, provided to you at the time you choose our firm to represent you.