Prescription Drug Lawsuits

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Recalled drugs or other drugs with severe side effects are becoming all to familiar lately. Pharmaceutical drugs are prescribed to millions of Americans every year for a variety of conditions.  Consumers take these medications in order to relieve their symptoms.  In most cases, these drugs have a positive effect.  However, sometimes a drug has side effects that cause additional pain, disease, or even death.

Accutane
Avandia
Darvocet Recall
Duragesic/Fentanyl Pain Patch
Fosamax
Kugel Hernia Patch
Meridia Diet Drug
Trasylol
Yaz
Yasmin Birth Control
Zocor Lawsuit Information

Consumers who take over-the-counter (OTC) drugs can also experience adverse reactions from the medication.  It is important to alert your doctor to all types of medication you are taking - both prescription and medication purchased over-the-counter.

The Florida lawyers at the Law Offices of Robert J. Fenstersheib and Associates, P.A. want to help you to fully understand your legal rights. If you have been injured after taking a prescription or over the counter drug and need legal help, experience counts. Please complete an online form to have your legal claim evaluated.

What is a multidistrict litigation?

Multidistrict litigation is a procedure utilized in the federal court system to transfer to one federal judge all pending civil cases of a similar type filed throughout the United States. The decision whether cases should be transferred is made by a panel of seven federal judges appointed by the Chief Justice of the United States Supreme Court. When a judge gets federal cases assigned, this is known as the "transferee judge." Judges throughout the United States who send cases to the MDL judge are know as the "transferor judges" or "transferor courts."

Is multidistrict litigation a type of class action?

No. Although class actions may be transferred to an MDL consolidation in the same manner as single plaintiff cases. However, for cases to be treated as proper for an MDL consolidation the Panel must find the one or more common questions of fact. Since commonality is also an required element for a class action, class actions are frequently litigated in MDL proceedings.

What happens to a lawsuit after it is transferred to a federal judge by the Panel?

Generally, the transferee court (the MDL court) will set standing orders or pretrial orders informing the lawyers involved of the ground rules, deadlines and procedures the court expects the litigants to follow. Steering committees may be appointed to manage the substance of the litigation and the discovery of facts. In theory, discovery and case management by the MDL court should allow completion of pretrial matters, then the case must be remanded back to the transferor case for trial. The only cases that would not be remanded are those cases originally filed in the court with the MDL judge is seated. In practice, many cases sent to an MDL court are settled at some point in time during the pretrial proceedings.

Let Florida class action attorney Robert Fenstersheib & Associates represent you in your prescription drug lawsuit.

Office Location and Service Areas

Robert J. Fensterseib & Associates handle cases throughout Florida from their Hallandale Beach office. Here is a list of some of the counties and cities they service:
Broward County: Fort Lauderdale, Hollywood, Hallandale, Hallandale Beach, Pompano Beach, Coral Springs and the
greater Broward area.
Miami-Dade County: Miami, Miami Beach, Coral Gables, Hialeah and the greater Miami-Dade area.
Palm Beach County: West Palm Beach and the greater Palm Beach area.
Collier County: Fort Myers and the greater Collier area.