Bextra Lawsuits

Bextra lawsuits are being filed around the country for the many dangerous side effects associated with the drug. In general there are three major theories of recovery available in any drug injury case:

1) Negligence
2) Strict liability in tort, and
3) Breach of implied warranty.

In a strict liability action, as in a negligence action, the court analyzes the liability of a drug manufacturer in terms of duty - whether a duty to warn existed, the nature of that duty, whether the drug maker breached the duty, and whether the drug manufacturer's breach of duty caused the injury.

Regardless which legal theory is used by an injured patient, a drug manufacturer's liability for failure to warn of side effects associated with a prescription drug requires the plaintiff to prove:
(1) that the drug manufacturer had a duty to warn either the medical profession or the Bextra user of side effects
(2) the standard of care the drug manufacturer was required to adhere to in fulfilling its duty to warn;
(3) breach of the drug manufacturer's duty to warn by providing an inadequate warning;
(4) injury suffered by the plaintiff attributable to the manufacturer's failure to warn;
(5) that the drug manufacturer's failure to warn was the proximate cause of the plaintiff's injury.

To establish that the drug manufacturer had a duty to warn of side effects, the injured Bextra user must prove that use of Bextra created a risk of injury and that the drug maker had knowledge of the risk. In the case of Bextra, lawyers believe they have evidence that Pfizer was aware of the heart attack risks associated with the drug, but made a business decision to downplay those risks so that they could sell hundreds of Millions of dollars of Bextra.

If you or a loved one has taken Bextra and believe its use has resulted in a heart attack, serious skin reaction or other side effects, please contact a qualified drug injury attorney in order to protect your rights. The law limits the amount of time that you have to file claims. A qualified attorney can help you to understand your rights and options, and ensure that you have the opportunity to seek compensation for your injuries.

 

 

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