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Pharmaceutical and Medical Product Injury

Kentucky Defective Drug and Medical Device Lawyers

Drug Injury

The rapid advancement of modern medicine has given people the opportunity to lead normal lives while managing serious medical conditions. However, when prescription drugs or medical products do not work as intended or advertised, the people who depend on them can suffer serious injuries. The Kentucky medical drug and device lawyers at English, Lucas, Priest & Owsley, LLP have decades of experience helping injured Kentuckians from Warren County, Barren County, and other areas throughout the state and also in Tennessee. If you have been harmed by a defective prescription drug or medical device, contact us for a free case evaluation, even if this drug or device has not been recalled.

Unsafe Drugs and Medical Products Can Cause Debilitating Health Problems

There is a seemingly endless list of prescription drugs on the market, and each one has the potential to cause dangerous side effects. Actos, a drug used to treat type 2 diabetes, has been linked to congestive heart failure and bladder cancer. A drug used to lower cholesterol, Lipitor, may increase a person’s risk for developing diabetes. Similarly, “Low-T” drugs are gaining popularity in the United States to treat low testosterone, but recent studies have found that these medications can increase the likelihood of heart attack and stroke. Even medical devices, such as transvaginal mesh and metal-on-metal hip replacements, may have unwanted side effects that can cause serious injuries.

Kentucky Law Empowers Victims of Defective Drugs and Devices

The law of product liability is complex. Consumers injured by a defective drug or medical device can file a lawsuit to collect damages. Many people injured by defective prescription drugs choose to file claims under a theory of strict products liability.

To prevail in a strict products liability case, the plaintiff must prove that:

  1. The defendant sold the product;
  2. The plaintiff received the product without substantial changes;
  3. The product was unreasonably dangerous;
  4. The plaintiff was injured by the product.

A product can be unreasonably dangerous in three ways: a defective design, defective manufacturing, or inadequate warnings or instructions. Many pharmaceutical injury plaintiffs argue that the defendant did not adequately warn of the side effects of the drugs in question.

Kentucky law requires drug manufacturers to give sufficient instructions and provide adequate warnings of the potential dangers of using the product. A drug manufacturer that does not, for example, warn consumers that using its drug could lead to congestive heart failure, may be liable to the people who are injured by the drug.

Those Injured by Unsafe Pharmaceuticals May Collect Damages

A person who brings a successful products liability lawsuit for a defective or recalled drug or medical device can claim damages for costs incurred, such as lost wages and medical bills. Plaintiffs are also entitled to recover compensation for emotional distress or pain and suffering. In some cases, a defendant may also have to pay punitive damages if the plaintiff can prove that the defendant acted with a reckless disregard for the lives or safety of other people.

Trust Our Decades of Experience

Consumers expect the drugs and medical devices they use to work as advertised, and the manufacturers of those products to warn of potential side effects. The Kentucky drug injury attorneys at English, Lucas, Priest & Owsley, LLP have years of experience holding pharmaceutical manufacturers accountable for their actions. Whether you are from Bowling Green or elsewhere in Kentucky, call (270) 781-6500 or visit our contact page if you have been injured by a defective prescription drug or medical device. We also serve clients in the Nashville area and across Tennessee.

Client Reviews

I was so pleased with all the good efforts and grateful for all Jessica and her firm did on my behalf.

Clare

Kurt was very helpful, caring, and understood the struggle we had. He was diligent and worked fast to make sure our case was handled quick, fairly and properly. He settled my case above my expectations and has continued to stay in contact to make sure all needs were met.

Amy

I know Kurt to be a man of integrity with an uncanny sense and knowledge of the law and it's workings. I enthusiastically, without hesitation recommend Kurt and would call upon him again.

Linton

Mr. Roby helped me with the process after my car accident. Very helpful and made the process very beneficial for me.

Abigail

At 37 weeks pregnant my wife was in an automobile accident in Bowling Green caused by someone not only under the influence of alcohol but was non-licensed, non-insured, and a non-citizen. With my wife’s vehicle totaled, in the middle of trying to pack and move into our new home just a couple weeks...

Claiborne

Attorney Kyle Roby was excellent, and truly fought for me. I appreciated all the people I spoke with from the front desk clerk, Molly, and Mr. Roby. I thank ELPO personnel for all their kindness, understanding, and incredible diligence towards obtaining the best possible outcome for me. Thank you...

Victoria

Kurt Maier is simply the best! He has always been clear and straight to the point about my cases. He kept me informed every step of the way. If you are looking for a devoted attorney to win your case, I highly recommend him!

Tarinza

Jessica Shoulders and Molly are absolutely phenomenal! I have worked with Jessica for years on several cases, and she has consistently provided top-tier legal representation. She stays on top of every detail, ensuring the best possible outcome every time. Her dedication, expertise, and commitment to...

Ricky

Kyle Roby made me feel like family. I really appreciate how he handled my case. Seemed more like a friend than attorney. Would definitely recommend him to anyone needing an attorney

R C

Kyle handled my case with such professionalism and ease. I was constantly kept informed throughout every step of the process. They began work quickly, answered all my questions, negotiated a more than satisfactory settlement, and was truly passionate about the level of service they provided.

Ashley

We had just experienced a horrible car accident out of state. My mother in law who was our passenger received the worst injuries. We were tied up with her care. Talking with doctors, Medicare, insurance adjusters etc. We contacted ELPO law offices and worked with Kurt and Donna over the next several...

Bill

Such a wonderful experience with ELPO Law firm. Highly recommend Kyle Roby for any accident related case. Case manager Heather Renick made the process easy and understandable. She answered any and all of my questions. Making the grueling process very stress free. Anytime I made a visit to the office...

Mallory

Kurt and Donna were absolutely AMAZING. They truly make you feel heard and handle everything for you. I would never go any place else for assistance. Thank you guys!!

Leslie

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