Another woman has filed a lawsuit against Bayer over their birth control drug Yaz. The woman alleges that she suffered a stroke that was brought on by blood clots that were caused by the contraceptive medication. Her lawsuit alleges that Bayer was negligent in that they failed to warn about the hazard of strokes, that they manufactured a defective product, that they breached their warranties, that they negligently misrepresented the drug and of fraud and fraudulent concealment and violations of business codes. Lawsuits over damages and even wrongful death claims over drugs are unfortunately common. There are other reasons why people end up filing wrongful death claims and lawsuits over damages, as well.
In the lawsuit described above, the woman is accusing Bayer of being negligent in several different regards. Negligence is at the heart of civil lawsuits. When someone is negligent, it means that they did not take the reasonable level of care in some regard that a normal person could’ve been expected to take under the same circumstances. In effect, it means that the company or individual being sued is alleged to have failed to do something or to have done something that could’ve prevented or that caused harm.
It takes an attorney who handles these claims to be able to determine whether or not negligence was a factor. These lawsuits are generally pursued under what is called a contingency agreement, which means that the attorney has to be certain that negligence did factor into their client being injured before they can take them on. Under the terms of a contingency agreement, the attorney only gets paid for their services if they win the claim, so they obviously have a motivation to avoid lawsuits that are not likely to pay out.
Negligence and companies.
Federal courts have recently held that companies from overseas can be held responsible for negligence that leads to injury in the United States. Large companies are as susceptible to being taken to court for injuries that they caused you to their own negligence as our small companies. You shouldn’t let the size of the company, its location or anything else about it intimidate you out of filing one of these lawsuits if you believe that you have been wronged. An attorney can sit down with you and help you figure out if you do have good cause to file a lawsuit. There are limitations, so you should act quickly.