Mass Torts Drug Litigation Attorney
Columbus, Ohio

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We represented a husband and wife, each of whom suffered heart attacks after taking the prescription drug Vioxx. At the referral of their family lawyer, the husband and wife hired Robert W. Kerpsack Co., L.P.A. We filed a class action lawsuit against the drug manufacturer. The lawsuit was transferred to a multi district litigation ("MDL") proceeding in the U.S. District Court for the Eastern District of Louisiana. Our clients were designated as the Ohio plaintiff class representatives, and Bob Kerpsack served as Ohio counsel to the Plaintiffs' Steering Committee.

Pharmaceutical companies manufacture and market hundreds of new drugs each year. Each product is regulated and approved by the food and Drug Administration before it reaches the consumer, and every year over 200,000 people die from using these drugs. It is estimated that more than 50% of all the drugs marketed to the American consumer have deleterious effects, in spite of testing and FDA regulation.

Most people have heard of recent dangerous drug cases, such as Baycol, Phen-Fen, Rezulin, Propulsid, Vioxx, and PPA. What many people don't know is that an estimated 200,000 people die each year as the result of harmful drugs approved by the FDA (Food and Drug Administration), and that, according to reports, more than 50% of FDA-approved drugs have deleterious effects.

Mass torts drug litigation is handled in a similar way as any hazardous product claim, with a few key differences.

Like other hazardous product claims, manufacturers and others may be found responsible for dangerous drugs if the injured parties can show one of the following types of defect:

Design defect. This is a defect in the intentional design of the product. This would apply in the cases of drugs that are dangerous when they are manufactured and prescribed as they were designed to be.

Manufacturing defect. This is a defect in the manufacturing process-something that is not intended to be a part of the product. If, for example, a harmful substance were introduced into a drug during manufacture.

Marketing defect. This is a defect in the patient instructions or other marketing information about the product. As an example, the drugs prescribed in combination as Phen-Fen were harmful primarily because they were prescribed and marketed in a dangerous and untested combination.

If you or someone you care about has been injured as a result of a harmful drug, and you think you may have a case, call us today. We'll schedule your free, no-obligation consultation, and review your case with you in detail.

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