Call (800) 863-5312 To Speak With Zinda Law Group’s New Mexico 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. Despite Zantac’s benefits, Zantac was pulled from stores at the instruction of the Food and Drug Administration (FDA) due to Zantac’s link with a human carcinogen called N-nitrosodimethylamine (NDMA). Because of Zantac’s known life-threatening side effects, if you file a Zantac lawsuit in New Mexico you should consult with New Mexico Zantac injury lawyers today to discuss your potential claim.
How New Mexico Zantac Injury Lawyers Help Victims
When properly designed, drugs and other medicine provide millions with the relief and support that they need to get through their day to day lives. Unfortunately, when a drug is not working properly due to an inherent defect, countless consumers may suffer before the problem is fixed. Zantac is an example of potentially dangerous drug. In its statement, the FDA announced that because the level of Zantac’s ranitidine increases over time to the point where the ranitidine becomes impure, Zantac cannot be safely consumed without exposure to an unacceptable level of the impurity. Thankfully, your Zinda Law Group New Mexico Zantac injury attorneys can help you navigate the legal process and help you determine liability.
Additionally, 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 why it is important to have a Zinda Law Group New Mexico Zantac injury attorney who negotiates with the parties and settles the claim on your behalf.
At Zinda Law Group, our experienced attorneys will 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 New Mexico:
1. Seek Medical Attention if You are Injured
The most important thing to do after an injury is monitor your health. If your injuries 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. 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 report is still helpful as it establishes the circumstances of your injury and is useful as official evidence of your injury.
3. Document the Evidence
After filing an official report, you should document your injuries. You will need to gather additional evidence to strengthen your personal injury claim. Consider keeping a folder 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
- Medical fees
- Pharmaceutical expenses
By keeping all your important documents within a readily available folder, it will make it easier to establish the link between taking Zantac and your injuries. Additionally, proper documentation allows you to establish a timeline of when you began taking Zantac, how long you took Zantac, when your symptoms began, and the extent of your injuries. All this information is crucial for potential compensation and settlement discussions.
4. Call a New Mexico Personal Injury Lawyer
If you have been diagnosed with cancer after taking Zantac, you should speak with a New Mexico injury attorney. Typically, when a party brings a product liability claim due to a supposed defect within a drug, it is vigorously contested by the drug companies and their insurers. Therefore, obtaining the services of a New Mexico 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.
5. Settlement and Trial
After your attorney files a lawsuit against the responsible party or parties, they may negotiate with the insurance company, on your behalf, 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 has a defect, the drug’s manufacturer is responsible for any injuries that incur from 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. 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. The Defective Drug Caused Your Injury
Second, you must demonstrate that the defective drug caused the injury. A New Mexico personal injury attorney will need to establish direct causation between using the drug and the subsequent injury. Your attorney will use your medical records, documents, expert testimony, and other useful information to prove that your injuries were a direct result of taking Zantac.
3. 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
Like other medications that are no longer on the shelves, Zantac triggers potential life-threatening side effects. A non-exhaustive list includes:
- Bladder cancer
- Esophageal cancer
- Stomach cancer
- Liver cancer
- Pancreatic cancer
- Tissue damage
- Organ failure
The life-threatening side effects of taking Zantac are numerous and potentially deadly. Furthermore, 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 when taking when Zantac is the main component of your ailment. Fortunately, Zinda Law Group Group’s New Mexico attorneys can help you navigate the legal process.
Demanding Compensation After Your Zantac Injury
In New Mexico, 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 a loved one has died due to a fatal side effect from 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.
Also, under New Mexico 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 New Mexico to obtain punitive damages. Despite the difficult threshold, consult with your New Mexico personal injury lawyer to determine whether you should seek punitive damages.
Additionally, because New Mexico 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 a defendant for $10,000 and are found 20% at fault for your injuries, you will receive $8,000 in damages instead of the full $10,000. Therefore, it is important to talk with your attorney about what your potential liability may be.
After a Zantac injury in New Mexico, you should consult with your New Mexico personal injury attorney to determine whether you should pursue punitive damages in your Zantac lawsuit.
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 New Mexico, the state’s civil statute of limitations for a personal injury is three years from the date of the injury.
Contact Our Zinda Law Group New Mexico 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. You deserve to pursue maximum compensation if you have been injured.
If you or a loved one have been injured after taking Zantac in New Mexico, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with an experienced New Mexico personal injury lawyer. You pay nothing unless we win your case. That is our No Win, No Guarantee.
Meetings with attorneys are available by appointment only.