Arizona Zantac Injury LawyersLast updated on: July 1, 2022
Call (800) 863-5312 To Speak With Zinda Law Group’s Arizona Zantac Injury Lawyers Today
Since the 1980s, numerous consumers have regularly used Zantac as an over-the-counter drug to treat heartburn. Zantac helped consumers with heartburn by reducing the stomach’s level of acid. However, Zantac was recently pulled from stores at the instruction of the Food and Drug Administration (FDA) because of Zantac’s link to the human carcinogen called N-nitrosodimethylamine (NDMA), which is a key part of Zantac’s ingredients. Due to Zantac’s known life-threatening side effects, you should consult with Arizona Zantac injury lawyers today to discuss your potential Zantac lawsuit.
How We Help Zantac Injury Victims in Arizona
Every day, medicine provides millions of people with alleviation of symptoms and pain to help them properly get through their day to day lives with the best possible quality of life. Unfortunately, medicine does not always work as intended and sometimes it is due to an inherent defect, causing countless consumers to suffer before the problem is fixed. Zantac is a modern example of an inherently defective drug. In its recent statement, the FDA announced that because a key ingredient in Zantac increases in impurity over a short period of time to the point where it is hazardous to use, Zantac cannot safely be consumed without exposure to an unacceptable level of the impurity. Fortunately, at Zinda Law Group, our Arizona Zantac injury attorneys can help injured victims navigate the legal process.
After suffering serious long-lasting side effects from prescription drug use, it can be confusing to know who to speak with to settle a claim. That is especially true for a product liability claim where you could be dealing with the retailer where you purchased the drug, the drug’s manufacturer, and the drug manufacturer’s insurer all at the same time. That is why it is important to have a Zinda Law Group Arizona Zantac injury attorney who negotiates with the parties and settles the claim on your behalf.
At Zinda Law Group, our experienced attorneys can determine who is responsible for your injuries, engage in settlement negotiations and zealously advocate on your behalf to pursue maximum compensation. Call Zinda Law Group today for a 100% free consultation.
Important Steps to Take Immediately After Your Zantac Injury
In the aftermath of your Zantac injury, it is important to know which steps to take to strengthen your case and increase your likelihood of receiving fair compensation. Here are the actions to take if you or a loved one are injured after taking Zantac in Arizona.
1. Seek Medical Attention if You Are Injured
The most important thing to do after an injury is monitor your health. If your injuries from taking Zantac are severe, go to a medical facility as soon as possible. Even if you do not think that your injuries require immediate medical attention, visit a medical professional and keep them updated on any new health developments. Many injuries from medicine take time for side effects to manifest. You may be feeling fine now, but your condition could change soon. Additionally, keep a record of all your medical expenses, including any emergency care, surgeries, evaluations, and rehabilitation services.
2. File an Official Report
Afterwards, you should file an official report with Zantac’s manufacturer. Although Zantac’s manufacturer is already on notice of Zantac’s numerous problems due to the FDA’s recent order, an official is still helpful as it establishes the context of how your injury occurred and is useful as official evidence of your injury. Plus, this will aid in settlement negotiations and, if necessary, trial.
3. Document the Evidence
After filing an official report, you should document your injury. You will need to gather additional evidence to strengthen your personal injury claim. Considerkeeping a file containing important documents, such as:
- Photographs of the defective product
- Purchase receipts
- Proof of medical visits
- Documents regarding your injury or illness
- Copies of the official report you filed
- Insurance documents
- Medical fees
- Pharmaceutical expenses
By maintaining all your important documents within a folder, it makes it easier to establish a causal link dbetween taking Zantac and your injuries. Additionally, proper documentation allows you to establish a timeline of when you started taking Zantac, how long you took Zantac when your symptoms began, and the extent of your injuries from taking Zantac. Each piece of information is incredibly helpful for potential compensation and settlement discussions.
4. Call an Arizona Zantac Injury Lawyer
If you have suffered severe ailments, such as cancer, after taking Zantac, consider hiring an Arizona injury attorney. Typically, when a party brings a product liability claim due to a defective drug, it is vigorously contested by the drug companies and their insurers. Calling an Arizona attorney who can investigate your claim and provide guidance on your legal options is crucial in your legal battle against Zantac’s manufacturer and its insurers. At Zinda Law Group, our Arizona personal injury attorneys can discuss possible legal outcomes and potential compensation with you. While this is an understandably difficult time, our attorneys have the skills and experience to get your life back on track.
5. Settlement and Trial
After your attorney files a lawsuit against the responsible party or parties, they may negotiate with the insurance company to obtain a favorable monetary settlement for you. If the negotiations are unsuccessful, and it is not in your best interest to accept a proposed settlement offer, your lawyer will bring your case to trial and pursue maximum compensation in court.
Who Is Usually Responsible for Zantac Injuries?
Typically, when a drug is improperly created, the drug’s manufacturer is responsible for any injuries sustained by consumers using the product as intended. Importantly, under strict liability, a drug manufacturer will still be liable for an injury even if they have followed the proper laws and guidelines. Strict liability means that a party can be held responsible for a person’s damages even if the party was not at fault or negligent.
Usually, strict liability arguments attach to claims against manufacturers for inherent drug defects. Therefore, when bringing a lawsuit against a manufacturer, a claimant will need to prove three separate legal elements under strict liability:
1. That the Drug Contained an Inherent Defect
First, you must demonstrate that the drug was defective. A drug’s inherent defect could be anything including the drug’s design, distribution, or marketing. For a drug with side effects linked to cancer, your personal injury lawyer will likely try to establish that the drug is defective because of an active ingredient that increases the risk of cancer or because the drug’s marketing fails to properly warn its purchasers that cancer development is possible by using the product.
2. That the Defective Drug Caused Your Injury
Second, you must demonstrate that the defective drug caused your injuries. An Arizona personal injury attorney will need to prove that using Zantac caused you harm. Your attorney will use your medical records, documents, expert testimony, and other useful information to establish a causal link between the drug and your injury.
3. That You Suffered Damages as a Result of Using the Defective Drug
Finally, you must demonstrate that you suffered damages because of taking the defective drug. Typically, damages include medical expenses, lost wages, pain and suffering, or sometimes wrongful death. Furthermore, your lawyer will not need to prove that the manufacturer was negligent, rather, through strict liability, your lawyer will only need to prove that a drug is defective and that your reasonable use of the drug led to your injury.
Similarly, the retail store where you purchased Zantac and the distributor that acted as the middleman between the manufacturer and retail store, may be held strictly liable for any injuries suffered. This is the case even though neither party had anything to do with the creation of the product. That is because, when a distributor moves a product the product to a retailer who then sells the product, there is an implied warranty that the product is safe to use.
Types of Injuries After Taking Zantac
Zantac triggers potentially life-threatening side effects. A non-exhaustive list includes:
- Bladder cancer
- Esophageal cancer
- Stomach cancer
- Liver cancer
- Pancreatic cancer
- Tissue damage
- Organ failure
It is never easy to hear that you have been diagnosed with cancer. Once you receive the news, you will likely feel very stressed and confused as to what you should do next. That is why it is important to contact a personal injury attorney who understands the legal process. At Zinda Law Group, we can help you determine what’s next in a product liability claim.
Demanding Compensation After Your Zantac Injury
In Arizona, you may be able to obtain economic damages, non-economic damages, or punitive damages for your personal injury claim. Additionally, compensation for personal injury claims is not necessarily limited to the victim. For example, if someone has died after taking Zantac, a loved one may be able to obtain compensation through a wrongful death lawsuit.
Economic damages refer to compensation for monetary losses, such as out-of-pocket medical expenses (past and future), loss of earnings, loss of use of property, and loss of future employment. These damages are the easiest to calculate. To ensure you receive fair compensation for your injuries, keep documents that demonstrate your medical expenses, property damage, and missed work.
Non-economic damages refer to compensation for non-monetary losses such as pain and suffering, emotional distress, inconvenience, and loss of companionship. Non-economic damages are harder to quantify than economic damages and are typically determined by a jury at trial. However, prior to a potential trial, your attorney will help determine the value of your non-monetary losses.
Unlike economic and non-economic damages, punitive damages punish the responsible party rather than making the victim “whole again.” Typically, you must meet a very high standard to obtain punitive damages.
Importantly, under Arizona law, a plaintiff must demonstrate that their injury was the direct result of the defendant’s intentional malicious conduct, oppressive behavior, or act committed with a wanton and reckless disregard for the plaintiff’s safety. Accordingly, it is difficult for victims of a slip and fall accident in Arizona to obtain punitive damages. Despite the difficult threshold, consult with your Arizona personal injury lawyer to determine whether you should seek punitive damages.
Additionally, because Arizona is a pure comparative negligence state, if a court determines that you have any responsibility for your accident, your compensation will be reduced by the percentage you are found at fault. For example, if you sue a defendant for $100,000 and are found 30% at fault for your injuries, you will receive $70,000 in damages instead of the full $100,000. Therefore, it is important to talk with your attorney about what your potential liability may be.
Statute of Limitations
The statute of limitations is the legal time limit a party must bring a claim for their injury or the injury of someone that the party represents. Every state has a statute of limitations. In Arizona, the statute of limitations is two years from the date of the injury.
Contact Our Zinda Law Group Arizona Zantac Injury Lawyers Today
Filing a lawsuit for your Zantac injury is a way to potentially recover medical costs, lost wages, pain and suffering, and more. The compensation you may receive from filing a claim could alleviate the financial burden you incur. At Zinda Law Group, our attorneys will help you decide your next steps. We can help you pursue maximum compensation for your injuries.
If you or a loved one have been injured after taking Zantac in Arizona, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with an experienced Arizona personal injury lawyer. You pay nothing unless we win your case. That is our No Win, No Fee Guarantee.
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