FREQUENTLY ASKED QUESTIONS
ABOUT
PRODUCT LIABILITY REGARDING THE ANTIPSYCHOTIC DRUG ZYPREXA
What is product liability?
What is Zyprexa and how is it associated with Diabetes?
What Specific disorders is Zyprexa used for?
What are the symptoms associated with Diabetes?
What should I do if I've already been diagnosed with Diabetes
and I've taken this drug?
What should I do if I am currently using Zyprexa?
What is a “failure to warn” claim?
What kind of claims can be brought for product liability?
What is strict liability?
What is negligence?
What is breach of warranty?
What damages does the law allow in product liability cases?
What are economic damages?
What are noneconomic damages?
What are punitive damages, and may they be recovered in product
liability cases?
If I bring my case to you, what will you do?
How do I know that you will do a good job on my case?
What are your fees?
Q. What is product liability?
A. Product liability is the body of law that provides for
compensation for physical injuries resulting from defective and unreasonably
dangerous products and from the failure of a manufacturer or seller to warn
the consumer of product dangers.
Q. What is Zyprexa and how is it associated
with Diabetes?
A. ZYPREXA is the brand name for an antipsychotic drug approved
for the treatment certain mental illnesses and may be linked to Diabetes, hyperglycemia
(elevated blood sugar levels), and diabetic ketoacidosis ( a potentially fatal
complication of diabetes). Diabetes is a condition in which the body is unable
to produce insulin needed to process sugar normally. Diabetes is one of the
leading causes of death and disability in the United States. Ketoacidosis associated
to Zyprexa adverse effects reports has been fatal in about half of the cases.
Q. What Specific disorders is Zyprexa used
for?
A. ZYPREXA is approved for the treatment of schizophrenia,
for maintenance of treatment response in schizophrenia, and for treatment of
acute mania associated with bipolar I disorder in patients displaying a manic
or mixed episode. ZYPREXA is believed to work by balancing the chemicals naturally
found in the brain.
Q. What are the symptoms associated with
Diabetes?
A. Diabetes: Early Warning Signs:
- Abnormal thirst and a dry mouth
- Frequent urination
- Nausea or vomiting
- Rapid breathing
- Extreme fatigue or lack of energy
- Constant hunger
- Slow-healing wounds
- Recurrent infections
- Blurred vision
Q. What should I do if I've already been
diagnosed with diabetes and I've taken this drug?
A. The national law firm of BALKIN & EISBROUCH is
representing individuals diagnosed with diabetes or other related illnesses
following use of Zyprexa. You should contact us to evaluate your rights. Zyprexa
lawsuits and other legal proceedings for injuries allegedly resulting from
Zyprexa are being prosecuted by the law firm and are now pending. Many valuable
legal rights are lost everyday because of peoples' failure to take legal precautions.
Call us now at 1-800-RESULTS (1-800-737-8587) to protect your
rights. Or E-Mail us
for more information.
Q. What should I do if I am currently using
Zyprexa?
A. We encourage those people who using Zyprexa to contact
their doctor and discuss appropriate and alternative treatments. Any decision
about your treatment should be made in consultation with your doctor based
on an assessment of your specific treatment needs, specific risk profile, and
other factors. We are not health care professionals and cannot comment on,
or recommend a course of treatment for any individual.
Q. What is a “failure to warn” claim?
A. Failure to warn is the claim that a manufacturer failed to provide directions for the safe use of a product.
Q. What kind of claims can be brought for
product liability?
A. The alternative theories of liability in a product liability
case are (1) strict liability; (2) negligence and (3) breach of warranty. Sometimes
all three theories are pursued in one case.
Q. What is strict liability?
A. Strict liability is the legal principle that a person
or company which sells a product in a “defective condition” that is
unreasonably dangerous to the ordinary user may be liable for any physical
injuries. The defect may be in the product’s design or manufacturing, in
the product’s container or packaging, or in the instructions or warning
necessary for the product’s safe use. In a strict liability case, the injured
person is not required to prove the manufacturer or seller was negligent.
Q. What is negligence?
A. Negligence is a breach of a duty owed by the manufacturer
to the user in light of the reasonably anticipated harm arising from all reasonably
foreseeable uses of the product. The duty includes design, manufacturing, instructing
and warning. In a negligence case the injured party must prove a violation
of a standard of reasonable care by the manufacturer in the manufacture of
the product.
Q. What is breach of warranty?
A. A warranty is an expressed or implied representation
about the product to the consumer. Common warranties are that the product is
fit for the ordinary purpose for which it is used or that the product is fit
for a particular specific purpose. Breach of warranty generally means that
the product did not perform as represented or expected.
Q. What damages does the law allow in product
liability cases?
A. Generally, the plaintiff is to be reasonably compensated
for all injuries and losses resulting from the occurrence in question. Damages
are split into two general categories: economic (past and future), and noneconomic
(past and future).
Q. What are economic damages?
A. Economic damages include almost everything that can be
replaced with a checkbook. This category of damages is very broad and will
vary from case to case. Economic damages can include the reasonable expenses
of necessary medical care; hospitalization and treatment; loss of income or
earning capacity; the reasonable value of services provided by family members
for free; the cost of hiring others to perform normal household duties; and
the loss of the injured person's services to his or her spouse. These losses
are projected into the future based, among other factors, on medical testimony
regarding continuing disability and future needs.
Q. What are noneconomic damages?
A. Noneconomic damages are those losses which cannot be
quantified in a dollar amount. The most prominent examples are pain and suffering,
mental anguish, inconvenience, physical impairment or disability, disfigurement,
and loss of enjoyment of life. The importance of categorizing damages as economic
or noneconomic lies in the fact that noneconomic damages are sometimes limited
under some state laws. We often see cases where people's lives are devastated
by catastrophic injuries, but if they are children or elderly, economic losses
are limited and the capped amount of noneconomic damages is unfairly inadequate.
Q. What are punitive damages, and may they be recovered in product liability cases?
A. Punitive damages are not based upon the severity of the injury to the plaintiff, but rather upon the need to punish the defendant and deter others from engaging in like conduct. Before punitive damages may be awarded, the plaintiff must prove that the defendant acted in a “wanton or intentional” way, which includes the “reckless disregard” of a known danger to the plaintiff’s health and safety. This must be proven by clear and convincing evidence. Punitive damages are extremely rare, but available in appropriate circumstances.
Q. If I bring my case to you, what will you
do and how much will it cost?
A. First of all, we will not charge you for any of the time
we spend visiting with you or for the cost of investigating your case. We start
with an interview to determine the facts as you know them, and make a judgment
about whether the case is one which falls within our expertise and interests.
The ensuing investigation begins with the collection of all pertinent records,
including accident reports, product literature, company brochures, and medical
records. We ask you to sign releases authorizing us to obtain these records.
We then review and analyze the records. If we believe there is a strong possibility
that a product was defective, we will submit it to the appropriate experts
for review, asking them for their opinions on the issues of the defective nature
of the product, damages and causation. If, after consultation with experts,
we believe that we can satisfy our burden of proof, we recommend that the case
be filed.
to the top
Q. How do I know that you will do a good
job on my case?
A. We believe that our experience and results in product
liability cases count. We have a commitment to getting an excellent result
in every case we decide to pursue, and our track record and credibility are
extremely important to us. Please keep in mind, however, that every case is
different and no result is guaranteed. All we can promise is our best effort
on each and every case.
A. Balkin & Eisbrouch handle all cases on what is called a contingency fee. This means that no fees or costs are charged unless we collect money damages for you. We advance all costs for investigators, court reporters, expert witness testimony, accident reconstructionists, filing fees and any other expenses related to your case. All of the consultations with our office are absolutely free. When you recieve compensation, meaning we have successfully concluded your case, either by settlement or litigation, our fees are a percentage of the gross settlement. This percentage is agreed upon before we begin work on your case and is generally between 20% and 40%. The percentage depends on the complexity and type of case.
No Recovery, No Fee!
We know most people can't afford high, hourly legal fees. That's why we work on a contingency basis. This means you won't pay anything, unless we recover money for you.
If you or someone you love has been injured in a car accident anywhere in the United States, Canada, Puerto Rico and all American possessions, let our experienced auto accident lawyers help you receive the compensation you deserve.
Email us or call us today at 1-800-RESULTS.
"THE RESPECT YOU DEMAND. THE RESULTS YOU DESERVE."®
Balkin & Eisbrouch, LLC
A National Law Firm
"Making Things Right For Over 35 Years"
