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Liability When Injured Due to A Defective Drug

The Relentless Pursuit of Justice

There has been a rise in lawsuits against pharmaceutical companies and manufacturers for defective drugs. Usually in these lawsuits, patients who took the defective medication suffered injuries and are seeking compensation for damages. Manufacturers of these medications are required to test their products before letting the public access them. Testing criteria is set by the Food and Drug Administration, or FDA, but this does not mean that the manufacturer’s liability is affected if a medication is proven to be defective. Here is how liability could be proven if you’ve been injured by a defective drug.

The FDA has approved the use of prescription opioids, but opioid manufacturers are still being sued for negligence, defects, and injuries caused by opioids. However, the lines of liability can get a bit murky when it comes to tracking down and proving who was responsible for providing the defective drug. From the doctor who prescribed the pill to the pharmacist who filled the prescription, either party could be liable for your injury. In most defective drug lawsuits, the injured party will have to prove that the manufacturer, doctor, or other accused party owned them a duty of care. The injured party must further prove that the accused party breached their duty of care, this breach resulted in injury, and the injured party suffered damages as a result. It can be tough figuring out who exactly was negligent for what, so it is recommended to contact an experienced lawyer who can help you organize your evidence.

Keep in mind the manufacturers have a duty to warn their consumers of general side effects their drug may cause in a patient. However, it is possible for a manufacturer to be unaware of an undiscovered symptom their medication could cause. Even if this is the case, manufacturers are responsible for knowing all there is to know about their drug and further, for keeping their client’s knowledge up-to-date as more information regarding the use of their medication comes up. There are also medications that can be considered unavoidably unsafe. This means that no matter how carefully made these medications are, they still have potential to cause severe side effects. If these drugs are prepared correctly and have the correct warning labels on them, the manufacturer could have a winning defense against a defective drug lawsuit.

Were you injured due to unexpected side effects from a prescription medication? Contact an experienced attorney today. The personal injury lawyers at Goldwater Law Firm can give you appropriate legal counsel and do their best to get you the justice you deserve.

In October of last year, a man suffered a brain hemorrhage that his wife claims was caused by excessive energy drink consumption. The doctors, the woman claims, blamed the energy drinks after running a toxicology and drug report. The injured patient had to go through extensive surgery, losing part of his skull and a great deal of every day skill sets due to swelling in the brain. It has been documented that energy drinks can cause heart palpitations and are particularly dangerous to mix with alcohol. However, this injury is far more severe. Can energy drinks really cause brain hemorrhages?

According to the National Institute of Health (NIH), the large amount of caffeine found in energy drinks can cause anxiety, sleep disruption, and digestive problems. They can also cause blood pressure, blood flow, and hearth rhythm issues. In the case of the man who suffered a brain hemorrhage, it is theorized that due to over-consumption of energy drinks, the victim’s blood pressure may have risen. This could have increased the risk of and caused the hemorrhage. In the drinks the man consumed, doctors noted an additional ingredient similar to amphetamines and others known to stimulate the sympathetic nervous system.

The victim survived his injuries and continues his long journey towards recovery. However, some folks are not so lucky. Energy drinks have been blamed for several deaths, including a teenage boy who was reported to have drunk too much caffeine too quickly, causing his heart to go into cardiac arrest. Further, 5 Hour Energy came under fire for 13 death cases linked to their energy drink. It’s not just the ingredients in the can but also how much is being consumed in one sitting. Keep this in mind before you drink that second Red Bull.

When it comes to injuries caused by energy drinks, many people don’t know where to turn for help. The lawyers at Goldwater Law Firm have the knowledge and experience you need to help file your personal injury case. Contact us today.

Following a seven-year review of US Food and Drug Administration (FDA) inspections of medical device manufacturing facilities as well as medical device recalls, findings have revealed that rotating safety inspectors could help lower safety risks for consumers.

What Are the Benefits of Rotating Safety Inspectors?

The seven-year study was conducted by researchers at the University of Minnesota, the University of Wisconsin and Indiana University. According to researchers, safety inspections were most successful when they were conducted by a new inspector rather than a safety inspector that was already familiar with the facility.

The researchers say that inspection results are very often able to predict when a medical device recall is about to happen, but only if the inspection is carried out by a FDA inspector that has never inspected the medical device manufacturing facility before. Per the results of the study, the chances of a recall happening rose 21 percent the second time the same inspector inspected a facility and the likelihood of a recall rose 57 percent the third time the same inspector inspected a medical device manufacturing facility.

The personal injury attorneys at The Goldwater Law Firm are dedicated to fighting for the rights of injury victims and their families, including holding the individual or organization responsible for their pain and suffering accountable.

If you are a driver and have driven someone’s car you probably thought what would happen if I got into an accident. Accidents can happen unexpectedly, and many incidents you won’t be able to react and avoid the collision. Here is some information that you may find useful before you get into the seat of a potentially new vehicle.

Dealership Coverage

If you are looking to buy a new car from a dealership, the dealer will usually have an insurance policy for all vehicles on the lot. If an accident happens that is not your fault, the dealerships insurance will cover the damage.

If the car accident is your fault, the dealer will attempt to hold you accountable. If this happens, your insurance company can cover the damage or prove that the accident was not your fault. Many dealerships treat test drive accidents like rental car accidents.

Also if there is an accident due to a faulty vehicle, the dealership will have their insurance cover vehicle damages and compensation for any injuries.

If you have been in a test drive accident and are injured, speak to an experienced personal injury attorney at Goldwater Law Firm, P.C.

Schedule Your Free Consultation Today

If you or a loved one have been injured in an car accident, Goldwater Law Firm, P.C. is ready, to help you get the settlement you deserve. Our experienced car accident lawyers utilize private investigators and accident scene recreations to determine what caused the accident and why you deserve compensation.

Call us toll-free (602-502-6000 or fill out the contact form today.

According to the National Safety Council, traffic accidents that caused a fatal injury rose 14% and personal injuries increased by a third across the nation in the first six months of this year.

Deborah A.P. Hersman, council president, said cheap gas prices and a healthier economy may have contributed to Americans spending extra time on the highway. However, this does not entirely explain the rise in fatalities and injuries.

Roughly 19,000 people were killed in traffic accidents through the month of June. This figure does not include data from July and August, which are extremely high months for fatalities. Hersman states that these developments began in the last quarter of 2014.

More states are increasing speed limits and many drivers are distracted by cell phones and texting. The National Safety Council determined in a spring report that 25% of all crashes involve the use of a cell phone.

Schedule Your Free Consultation Today
If you or a loved one have been injured in an auto accident, Goldwater Law Firm, P.C. is ready, to help you get the settlement you deserve. Our experienced auto accident lawyers utilize private investigators and accident scene recreations to determine what caused the accident and why you deserve compensation.

Call us toll-free (602-502-6000 or fill out the contact form today.

Bob Goldwater of Goldwater Law Firm, P.C. is proud to serve the Phoenix area and beyond. We are proud to say we will have a new site to better help you with your case. You will still have access to our sites which hold valuable information that could pertain to you. Make sure to visit any of our sites and call us if you have any questions.



A few attorneys charge their clients based on a number of hours they work on an issue for their client. Others charge a fixed amount for dealing with certain kinds of difficulties. Many personal injury attorneys are compensated a fraction of the money a person finally acquires as a part of a settlement or trial. This is termed a contingency fee.

The manner this normally performs is the attorney consents to take the claim and his or her best to obtain an acceptable settlement. If a settlement cannot be attained, then the attorney will bring the case to trial and request a jury to determine what the client ought to be compensated. At the start of the case, the client concurs that the attorney’s compensation will arise from the money he or she obtains for the client; a chosen fraction of the amount amassed. When money is acquired for the client, the attorney then seizes that fraction of the money amassed.

Also, the client and attorney normally concur at the start of the claim that the attorney will compensate all the litigation connected expenses of the case until money is amassed for the client. The compensation of those litigation expenses, besides the contingency fee, arises from the money amassed for the client. These litigation expenses might consist of filing expenses at the courthouse, expenses for investigators, expert witnesses, and the fee for acquiring medical records. These expenses are unconnected and distinct than lawyers’ expenses. Expenses are to compensate the attorney for his or her time, expertise, and endeavor. They compensate operating cost the lawyer must reimburse up front to proceed a personal injury claim to a settlement or trial.

It ultimately is concurred at the start of a case that if the attorney does not prevail in acquiring any money for the client, then the client will not be indebted any costs at all to the attorney as well. Costs in a personal injury claim nearly always rely on the attorney being triumphant in acquiring money for the client. On the other hand, the client might still have to pay back the attorney for fees connected to the personal injury claim.

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