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Since its initial FDA approval in 1985 Lupron has made an impact on hormone therapy, primarily in treating advanced prostate and breast cancer. In addition to the benefits provided to millions of patients all over the world, a large number of patients have suffered from serious side effects that in all too many cases have debilitating affects on their lives. The makers of Lupron, TAP Pharmaceuticals, were criminally charged with allegations of price gouging and questionable marketing, paying out $875 million in damages. When considering the criminal behavior of TAP and its business practices, it is not hard to imagine they are not as concerned with the safety and efficacy of the products they are making. The people who suffer personal injury from this dangerous drug usually only have one option, which is to seek compensation for damages done by Lupron through the civil courts. Product Liability The makers of dangerous products, like drugs, should be held accountable when those drugs cause additional harm and injury to patients taking them. Every effort should be made to ensure the safety of their product. Product liability laws are available in every state to protect citizens from big corporations who value dollars more than a human life. There are four major steps in a successful case: - A duty was owed
- That duty was breached
- As a result, injury occurred
- Because of that injury, damages were suffered
In a product liability case, a drug company like TAP Pharmaceuticals would be considered strictly liable for their products adverse effects. That means that the plaintiff does not have to prove negligence in the case, the product is known to be unsafe even when used properly. Physician Liability Doctors also may bear responsibility in Lupron compensation cases. The doctor is responsible for thoroughly evaluating the potential benefits of proceeding with treatment against the potential risks involved. Failure to warn the patient about risks of potential side effects may make the doctor liable for medical negligence . Serious injury or wrongful death due to improper or unnecessary Lupron treatments could even lead to medical malpractice. Collecting Damages Not all injuries will result in damage awards. During the lawsuit, the plaintiff must not only prove that the company or doctor was liable for the injury, but that the injury resulted in some sort of monetary damage. Some of the damages that may be awarded in a successful case include: - Lost wages
- Medical bills
- Funeral expenses
- Pain and suffering
- Punitive damages
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