Rolf Baumgartel
Defective Drug Recallst Lawyer
Mr. Baumgartel has been practicing criminal law since 1989. He’s represented thousands of clients in Ohio and West Virginia. He’s helped navigate charges ranging from DUI/OVI to serious felonies like murder and sexually oriented offenses. He opened his law office in Marietta, Ohio in 1996. Ever since, he has established himself as the premier criminal trial attorney in the Mid-Ohio Valley, having tried over 200 jury trials.
Mr. Baumgartel is licensed in Ohio and West Virginia. He limits his practice to traffic, criminal and juvenile cases in Ohio and West Virginia. Through numerous appearances in southeast Ohio and northwest West Virginia, he has become a familiar and respected figure in courthouses throughout the area.
Roula Allouch
Defective Drug Recallst Lawyer
Roula Allouch is a trial attorney with experience handling a range of litigation matters including in the areas of employment, commercial disputes, civil rights, personal injury, and appeals. Ms. Allouch earned her undergraduate degree, magna cum laude, from the University of Kentucky in 2003 and her juris doctor from the University of Kentucky College of Law in 2006. She is licensed to practice in all state and federal courts in Kentucky and Ohio and before the United States Sixth Circuit Court of Appeals.
Ms. Allouch is an active member of the legal community and the community at large. She served as Chair of the National Board of Directors of the Council on American-Islamic Relations, the nation’s largest civil rights and advocacy group for the American Muslim community, for eight years and now serves as an inaugural co-chair on its Enmeritus Board. She is Chair of the American Bar Association’s Center for Human Rights and serves on the leadership council for the Association’s Section for Civil Rights and Social Justice. Ms. Allouch has been recognized as a Daughter of Greatness by the Muhammad Ali Center and serves as Chair of the Center’s Board of Directors.
Ms. Allouch is also a faculty member with the Islamic Seminary of America. She has a passion for the arts and recently joined the Leadership Committee for the Over-The-Rhine International Film Festival. She also serves on the boards of the Family Nurturing Center and the Findlay Market Corporation. In 2023, Ms. Allouch was recognized as one of the Women of the Year by the Cincinnati Enquirer.
ETHAN VESSELS
Defective Drug Recallst Lawyer
Ethan is a trial lawyer. He has tried over 50 trials in central and southeast Ohio, as well as northern West Virginia. Serious injuries, wrongful deaths, medical malpractice, mass torts, oil and gas disputes, insurance denials, nursing home abuse, elder financial abuse, and business break-ups are examples of the types of high-value cases he handles.
Most cases settle. No client wants to go to court. Yet to get a fair settlement, your lawyer must prepare as though there will be no settlement. Ethan prepares each case for trial, which, more often than not, yields a fair settlement.
Ethan is one of 52 National Board of Trial Advocacy board-certified civil trial specialists in Ohio recognized by the Ohio Supreme Court. This board certification involves strict requirements to establish courtroom experience, background checks, confirmation from judges and fellow lawyers, along with passing a rigorous written examination. In 2018, he was also inducted into the American Board of Trial Advocates.
He regularly defends trial court victories on appeal. He has argued three times in the Ohio Supreme Court, once before the United States Sixth Circuit Court of Appeals, and dozens of times in the various Ohio appellate courts. Ethan also defended a Wood County jury verdict in the West Virginia Supreme Court of Appeals.
Ethan has been recognized every year from 2016 through 2023 for inclusion in the Thomson Reuters SuperLawyers list, which annually recognizes no more than the top 5% of practicing attorneys in Ohio. He is also a member of the Million Dollar Advocates Forum, an organization limited to attorneys who have won verdicts or negotiated settlements of $1 million or greater. In 2018, Ethan was recognized by America’s Top 100 High Stakes Litigators for Ohio. To be selected, an attorney must have litigated a matter with at least $2 million in alleged damages or involved in the fate of a company worth at least $2 million.
Timothy C. Loughry
Defective Drug Recallst Lawyer
Tim Loughry has been practicing law since 2004 and is licensed to practice in both State and Federal courts in Ohio and in West Virginia. After graduating with a Finance Degree from The Ohio State University in 2001, he attained a Juris Doctorate from Capital University Law School in 2004.
Tim has experience in a variety of different areas, including probate estates, adoptions, guardianships, small business litigation, business startup, debt collection, and domestic matters.
Prior to starting his private practice in 2007, Tim served as an Assistant Attorney General. For three years, Tim represented numerous State Agencies including the Ohio Division of Financial Institutions, Ohio Construction Industry Licensing Board, Bureau of Motor Vehicles, and Ohio Barber Board. Tim handled a high-volume case load including appearances in Common Pleas Courts and Appellate Courts all over Ohio.
Tim served as President of the Washington County Bar Association for 2011 and 2012. He served on the Washington County Children Services Board from 2012 until 2018, where he was chairman for all of 2017 and 2018. Tim currently serves on the Washington County Law Library Resources Board. Tim also is a founding member of the Washington County Foster Family Foundation, which provides funding for foster children to take part in extracurricular activities.
Outside the office, Tim enjoys spending time with his family, hunting, and participating in sporting activities. He and his family are members of the Sixth and Washington Streets Church of Christ in Marietta, Ohio, where Tim serves as a Deacon and bible class teacher.
Dangerous and Defective Drug Recall Lawyer
The pharmaceutical industry plays a crucial role in healthcare, providing medications that can alleviate suffering and improve quality of life. However, when drugs are defective or dangerous, they can cause severe harm to patients, leading to significant medical issues and even fatalities. In such cases, victims may seek the assistance of a dangerous and defective drug recall lawyer to pursue justice and compensation. This article will explore the role of these lawyers, the process of drug recalls, the implications for patients, and how to navigate legal claims related to defective drugs.
Understanding Drug Recalls
What is a Drug Recall?
A drug recall is a voluntary or mandatory action taken by a manufacturer or the Food and Drug Administration (FDA) to remove a product from the market due to safety concerns. Recalls can occur for various reasons, including:
- Contamination: Presence of harmful substances in the drug.
- Mislabeling: Incorrect information on packaging that could mislead consumers.
- Adverse Effects: Reports of serious side effects that were not disclosed during marketing.
The FDA categorizes recalls into three classes based on the severity of the potential health risks associated with the product:
- Class I: Products that could cause serious health problems or death.
- Class II: Products that may cause temporary health issues but are not likely to result in serious consequences.
- Class III: Products that are unlikely to cause any adverse health reactions but violate FDA regulations.
The Recall Process
When a drug is recalled, the manufacturer must notify the FDA, which then informs healthcare professionals and the public. The recall process typically involves:
- Investigation: The FDA investigates reports of adverse effects or safety concerns.
- Notification: The manufacturer issues a recall notice to healthcare providers, pharmacies, and consumers.
- Product Retrieval: Efforts are made to retrieve the recalled product from consumers and retailers.
- Monitoring: The FDA monitors compliance with the recall and assesses any ongoing risks.
The Role of Dangerous and Defective Drug Recall Lawyers
Why Hire a Lawyer?
Navigating the complexities of drug recall cases can be challenging for individuals who have been harmed by defective drugs. A dangerous and defective drug recall lawyer specializes in personal injury law related to pharmaceuticals and can provide valuable assistance in several ways:
- Legal Expertise: These lawyers understand the intricacies of pharmaceutical law and can help victims build strong cases against manufacturers.
- Evidence Gathering: Lawyers can gather necessary evidence, including medical records, witness statements, and expert testimony to support claims.
- Negotiation Skills: Experienced attorneys negotiate with insurance companies and legal representatives of pharmaceutical companies to secure fair compensation for their clients.
- Litigation Support: If negotiations fail, lawyers are prepared to take cases to court, advocating for their clients’ rights.
Types of Cases Handled
Dangerous and defective drug recall lawyers handle various types of cases, including:
- Personal Injury Claims: Victims seeking compensation for injuries caused by defective drugs.
- Wrongful Death Claims: Families pursuing justice for loved ones who died due to dangerous medications.
- Class Action Lawsuits: Groups of individuals harmed by the same drug joining forces to file a lawsuit against manufacturers.
Common Dangerous Drugs That Have Been Recalled
Several well-known medications have faced recalls due to safety concerns. Some examples include:
- Vioxx (Rofecoxib): A pain reliever linked to increased risk of heart attack and stroke; recalled in 2004 after studies revealed serious side effects.
- Fen-Phen (Fenfluramine/Phentermine): A weight loss drug combination associated with heart valve disease; led to extensive lawsuits resulting in billions paid in settlements.
- Accutane (Isotretinoin): Used for acne treatment but linked to severe birth defects; faced numerous lawsuits over its side effects.
- Transvaginal Mesh Products: Devices used for pelvic organ prolapse that caused severe complications; multiple recalls due to safety concerns.
Legal Considerations in Dangerous Drug Cases
Proving Liability
To succeed in a claim against a pharmaceutical company for a defective drug, plaintiffs must establish liability. This typically involves proving one or more of the following:
- Defective Design: The drug was inherently unsafe due to its design.
- Manufacturing Defect: A specific batch was produced incorrectly or contaminated during manufacturing.
- Failure to Warn: The manufacturer did not provide adequate warnings about potential side effects or risks associated with using the drug.
Statute of Limitations
Each state has a statute of limitations that sets a deadline for filing personal injury claims. In many jurisdictions, this period ranges from one to three years from the date of injury or discovery of harm. It is crucial for victims to act promptly when seeking legal recourse.
Compensation Available
Victims of dangerous drugs may be entitled to various forms of compensation, including:
- Medical Expenses: Costs related to treatment for injuries caused by the defective drug.
- Lost Wages: Compensation for time missed from work due to illness or recovery.
- Pain and Suffering: Damages awarded for physical pain and emotional distress caused by injuries.
- Punitive Damages: In cases where negligence is egregious, courts may award punitive damages intended to punish the manufacturer.
Steps to Take After Being Harmed by a Defective Drug
If you believe you have been harmed by a dangerous or defective drug, consider taking these steps:
- Seek Medical Attention: Your health should be your top priority. Consult with your healthcare provider about your symptoms and any necessary treatments.
- Document Everything: Keep detailed records of your medical treatments, prescriptions, and any communications related to your case.
- Contact an Attorney: Reach out to a dangerous and defective drug recall lawyer who can evaluate your case and guide you through the legal process.
- Stay Informed About Recalls: Monitor news sources or websites dedicated to tracking drug recalls so you remain aware of any developments related to medications you may have taken.
Conclusion
Dangerous and defective drugs pose significant risks to public health, leading many individuals to seek legal recourse after suffering harm. Hiring an experienced drug recall lawyer can provide victims with essential support in navigating complex legal landscapes while pursuing justice against pharmaceutical companies.Understanding the intricacies involved in drug recalls—such as liability considerations, evidence requirements, and potential compensation—empowers individuals affected by these issues. By taking proactive steps after being harmed by a defective drug, victims can increase their chances of securing fair compensation while holding manufacturers accountable for their negligence. Dangerous drugs can cause severe harm; hiring an experienced lawyer helps victims navigate claims against manufacturers for compensation due to recalls.