How to File a Lawsuit
How to file a lawsuit in Medical Device Litigation
In medical device litigation, we must first prove the name of the medical device implanted from the medical records. Second, we must prove you were injured by the medical device and had the medical device surgically removed or revised. This injury information will be contained in your medical records and implant identification registry. To have this medical proof evidence to file the claim, we can assist in obtaining your medical records after you sign a contract and a medical authorization.
How to file a lawsuit in Drug Litigation
In pharmaceutical litigation, we must prove the name, dosage and length of time the drug was prescribed. The pharmacy dispensing the drug will have a copy of the records. Second, we must prove you were injured by the drug and stopped using it. This injury information will be contained in your medical records and pharmaceutical records. You may also have a copy of the drug in your receipts and on the medicine bottles or blister pack. To have this required medical proof evidence to file the claim, we can assist in obtaining your medical records after you sign a contract and a medical authorization.
How much does it cost to review a case?
Nothing! Reviews by our medical legal team are FREE. We advance the costs necessary to investigate and file the claim, if the case appears to have merit. Costs advanced are reimbursed to us at the case’s conclusion, after we make a financial settlement. If your case does not settle, we charge you nothing as a fee and nothing in expenses. Our medical device and pharmaceutical trial teams litigate cases from all across America; appear in all courts and jurisdictions.
What are the time limits to make a claim for injuries?
Most states have a one year, two year or three year time statute of limitations from the date of the injury to file a lawsuit, but it varies with each type of case. Many states additionally have a statute of repose, which bars filing a claim after a certain number of years after the date that the product was sold or placed in the market. Other states enact Discovery Rules that center on when the actual injury was discovered or when the injury should have reasonably been discovered. If you believe that you have a claim where the statute of limitations or statute of repose may be running, contact us immediately. You can also visit our Personal Injury Deadlines page.
How much money can I receive from a settlement or judgment?
Case value depends upon many factors, including, liability of the manufacturer, nature and extent of the injuries, pain and suffering, mental anguish, permanent disability, economic losses, such as, lost wages and medical bills. While figures exist based upon past results in verdicts or settlements of similar cases, no guaranteed method can predict the future.
What is a contingency fee?
A contingency fee is not paid until, and unless, there is a successful settlement award offered or jury verdict rendered. Most medical device, pharmaceutical and personal injury cases use a contingency fee contract because plaintiffs often can’t afford to pay an attorney for services performed on an hourly basis. If we recover nothing for a client, we receive no fee and charge no expense.
Will my case go to trial?
The vast majority of claims we file settle before trial, without court or jury. In many of our cases, the manufacturers will settle all of our claims together, rather than go to trial. Since no one can predict whether or not a case will settle, our medical legal trial attorneys prepare all cases for trial. In many instances, hundreds to thousands of claims will be heard in the order they are filed, therefore, we suggest you begin the claims process as soon as possible.
Will I sue my doctor?
In most medical device and pharmaceutical cases, we do not sue your doctor, but will sue the manufacturer. Note that most doctors are on the side of the patient and acknowledge they would never have implanted a dangerous medical device or prescribed a dangerous drug had they known of the risks and been warned of the health issues involved.
Where is my lawsuit filed?
Most medical device and pharmaceutical cases follow Multi-District Litigation (MDL), which consolidates all cases filed in the U.S. into one court. An MDL is formed when a panel of U.S. Federal judges’ believe that cases with common facts and issues should be centralized into one court to further the just and efficient conduct of the litigation. The MDL judges determine where that court will be located.
What is consolidation?
Consolidation allows for one judge to make consistent rulings on how the cases should proceed. The cases exist as individual lawsuits, but one judge hears all of the evidence and makes rulings. The cases are tried or settled in mass groups based on each client’s injuries that can be proved were caused by the medical device or drugs. Depending on the particular circumstances and the status of the litigation, however, some cases may not be consolidated and may be filed individually in state court.
Will I have to give a deposition or go to trial?
In most circumstances, clients do not give depositions nor appear in court. If you are called to give a deposition, you will be prepared beforehand by an attorney that will review the facts of your case and assist you. In MDL litigation, typically, a few select cases, called bellwether cases are placed in a trial pool and tried before a jury. Unless your case is in the trial pool, you most likely will not be in trial.
What is mediation?
Customarily, courts order the parties to mediation to present each side of the case before a mediator. This process encourages settlement negotiations before trial and most cases are settled at, or shortly after, mediation.
What if the claimant is deceased?
In most circumstances, we can assist the surviving spouse, child or another close relative to become qualified to serve as the personal representative of the estate of the decedent.
Can you represent me if I live in California or Florida, Puerto Rico?
Yes, we represent clients across the nation and in every state in the United States and Puerto Rico.
My doctor says I shouldn’t get involved. What should I do?
We depend on doctors for medical advice, not legal advice.
Will I need to have another surgery?
This is your decision to discuss with your doctor. We always recommend anyone undergoing surgery to get a second opinion from another doctor. Some of our clients have elected to not undergo another surgery and others have undergone removal or revision surgery and had no relief of symptoms after surgery.
The standard contingency fee for medical product liability trial lawyers is 33 1/3rd% of the award if the case is resolved before filing the claim and 40% of the award if the case is resolved after the claim is filed. Nothing is owed by the client if there is no award received. It is common in mass tort cases that law firms will combine together their resources, staff and attorneys as co-counsel to battle the multi-million dollar corporations. The client pays only the standard fee and the law firms split the fee between the firms.
How is your firm qualified to represent me?
St. Clair’s combination of medical, legal and judicial Supreme Court of Texas briefing experience enables her to quickly analyze medical damages and injuries caused by negligence and corporate malfeasance. St. Clair prosecutes cases upon receipt of the client’s contract and begins assembling the facts, medical records, products involved or recalled and supporting evidence. Readily available for free consultations, the office also releases a monthly enewsletter and answers question about the status of the litigation in trial or settlement.
From across the country, lawyers, medical professionals and clients refer clients and cases to Carolyn St. Clair, RN, BSN, JD, PLLC. Limiting the docket to injury cases that can be proved to a jury by scientific and medical evidence, St. Clair understands the multiple health, legal and financial issues that overwhelm injured clients and is accessible to them by phone and email.
She has been recognized by her peers for inclusion in the exclusive organizations including:
The Top 25 Mass Tort Trial Lawyers,
The Top 100 National Trial Lawyers,
The Top 25 Medical Malpractice Lawyers,
The Top 25 National Women Trial Lawyers,
Top 25 Motor Vehicle Trial Lawyers,
The National Association of Distinguished Counsel,
Martindale-Hubbell AV Preeminent Rating for Legal Ability and Ethical Standards awarded the highest possible distinction by her Attorney Peers.
Martindale-Hubbell AV Preeminent Rating for Legal Ability and Ethical Standards awarded the highest possible distinction by the Judiciary.
How do I contact you?
Click the link: Contact Us or email: email@example.com or call 1-800-814-4540. We look forward to hearing from you.