Texas Zantac Injury LawyersLast updated on: June 30, 2022
Call (800) 863-5312 To Speak With Zinda Law Group’s Texas Zantac Injury Lawyers Today
What is Zantac? For years, Zantac was an extremely popular over-the-counter medicine used to treat heartburn. Zantac helped consumers with heartburn by reducing the stomach’s level of acid. However, Zantac has recently been pulled from stores at the bequest of the Food and Drug Administration (FDA) due to the drug’s link with a human carcinogen called N-nitrosodimethylamine (NDMA). If you’ve been diagnosed with cancer after taking Zantac, consult with Texas Zantac injury lawyers to learn your options.
If you or a loved one has suffered an injury after taking Zantac, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with a Texas Zantac Injury Attorney.
How We Help Zantac Injury Victims in Texas
When we are purchasing medicine at a local store, or obtaining our physician-approved prescription, we expect the product to work properly and not hurt us. However, some medicines are defective and cause serious side effects to numerous consumers over a period of time. Unfortunately, Zantac is an example of an inherently defective drug. Zinda Law Group’s Texas Zantac injury attorneys can help you determine the extent of your injuries and whether Zantac’s manufacturer can be held liable.
Additionally, in the aftermath of any personal injury, 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 from whom 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 Zantac injury attorney in Texas who can negotiate with other parties and settle the claim on your behalf.
Our experienced attorneys will determine who is responsible for your Zantac injuries, engage in settlement negotiations with the right party (or parties), and zealously advocate on your behalf to pursue maximum compensation. Call Zinda Law Group today for a 100% free consultation.
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 Texas.
1. Seek Medical Attention if 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 the medical expenses incurred, including any emergency care, surgeries, evaluations, and rehabilitation services.
2. File an Official Report
Next, 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 context of how your injury occurred and is useful as official evidence of your injury.
3. Document the Evidence
Once you have filed an official report, you should document your injury. You will need to gather additional evidence to strengthen your personal injury claim. You should consider keeping 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
- Medical fees
- Pharmaceutical expenses
Accordingly, keeping all of your important documents will make it easier for you to establish the extent of your injuries and show that your injuries are the result of taking Zantac. Additionally, you should keep 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 future potential compensation and settlement discussions.
4. Call a Texas Personal Injury Lawyer
If you have been injured after taking Zantac, you should talk with a Texas injury attorney. Anytime a party brings a drug claim, such as a Zantac lawsuit, it is usually contested by the drug companies and their insurance companies. Thus, having a Texas attorney investigate your claim and provide guidance options is crucial in leveling the playing field 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, 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 defective, the drug’s manufacturer is responsible for any injuries if consumers used 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:
The Drug Contained an Inherent Defect
First, you must demonstrate that the drug was defective. A drug’s inherent defect could be anything from the drug’s manufacturing, design, distribution, or marketing. For a drug like Zantac that is linked to cancer, your personal injury lawyer will likely try to establish that Zantac is defective in its overall design and due to the fact that its marketing fails to warn prospective purchasers of its cancer-related side effects.
The Defective Drug Caused Your Injury
Second, you must demonstrate that the defective drug caused the injury. A Texas personal injury attorney will need to establish direct causation between a claimant using the drug and the subsequent injury. 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.
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 in the drug’s defect, 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.
Read More: Product Liability Claims
Types of Injuries After Taking Zantac
Unlike most medications, 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
If you’ve been diagnosed with cancer after taking Zantac, it is important to contact a personal injury attorney who understands product liability cases. Fortunately, Zinda Law Group has many attorneys based in Texas with a wide range of knowledge and expertise in identifying injuries connected to Zantac.
Read More: What to Do If You Used a Product That Causes Cancer
Demanding Compensation After Your Zantac Injury
In Texas, you may be able to obtain economic damages, non-economic damages, or punitive damages for your personal injury claim. Importantly, 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.
Noneconomic 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, even if you are able to meet the threshold for punitive damages, state law has a damage cap on what you can receive. In Texas, the cap for punitive damages is:
- $200,000; or
- twice the amount of economic damages plus an equal amount of non-economic damages up to $750,000.
After a Zantac injury in Texas, you should consult with your Texas personal injury attorney to determine whether you should pursue punitive damages in your Zantac lawsuit.
Read More: How to Calculate the Value of a Case.
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 its own statute of limitations. In Texas, you have two years from the date of your accident to file a personal injury lawsuit against the responsible party (or parties).
What Will My First Meeting Look Like?
During the first meeting with your lawyer, you can expect a broad discussion about your claim. You should explain to your lawyer what your side effects are, how long you have been experiencing them, and whether there is any correlation between your side effects and using Zantac. Although your lawyer will not analyze everything revolving around your claim in one meeting, it will help your lawyer tremendously if you bring medical documents, pharmacy receipts, insurance papers, and a copy of the official report you filed (if one exists). This will help expedite the process by getting your lawyer caught up on the specifics of your claim.
Can I File a Wrongful Death Lawsuit?
If a loved one has passed away due to health complications after taking Zantac, you may be able to file a wrongful death claim. The Texas Wrongful Death Act allows certain family members to file a claim and pursue compensation on behalf of their deceased loved one. Importantly, the claim must allege that the responsible party’s negligence, deliberate action, or strict liability was the main cause of the loved one’s death. Furthermore, Texas law requires that the injury was not the fault of the victim, but another party, such as a drug manufacturer, another driver, an employer, or a coworker.
Contact Our Zinda Law Group Texas Zantac Injury Lawyers Today
There is a long list of factors to consider when deciding whether to pursue compensation for your Zantac injuries. At Zinda Law Group, our attorneys will help you decide your next steps. You shouldn’t have to go through the legal process alone.
If you or a loved one have been injured after taking Zantac in Texas, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with an experienced Texas personal injury lawyer. You pay nothing unless we win your case. That is our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.