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Pharmaceutical Litigation

Sylvester & Maley represents those who are injured or killed as a result of defective drugs manufactured and distributed by pharmaceutical companies. In recent years, there have been several drug recalls of unreasonably dangerous drugs. If a drug company had evidence of an unacceptable rate of complications but still marketed or distributed a drug, and as a result a person suffered from a foreseeable complication, there may be grounds for a lawsuit.

The drug recall lawyers at Sylvester & Maley have the experience and resources to pursue a lawsuit against large drug companies. Examples of cases evaluated and handled by the firm include matters involving Vioxx, Fen-Phen and Redux.

Drugs with recently reported complications include:

  • Yaz® - Oral contraceptive linked to stroke, heart attack, blood clots, and other injuries.
  • Fleet Phospho Soda - OTC laxative linked to kidney injuries.
  • Avandia® - Type 2 diabetes drug linked to heart attack, stroke, broken
    bones or the development of congestive heart failure.
  • Byetta - reported cases of persons taking this diabetes drug have developed a dangerous form of pancreatitis.
  • Tysabri (natalizuma) - drug for Multiple Sclerosis and Chron's Disease
    linked to liver damage and melanoma.
  • Seroquel® - antipsychotic medication linked to blood sugar disorders.
  • Ortho Evra Patch - contraceptive patch linked to blood clots.
  • ReNu with Moisture Loc - contact lens solution linked to fungal infection.
  • Trasylol™ - drug used to control bleeding during heart surgery linked to kidney failure, heart failure, stroke, and encephalopathy (degenerative brain diseases).
  • Ketek™ - antibiotic linked to severe liver problems.
  • Fosamax™ - a drug linked to a disease causing breakdown of the jaw bone.
  • Bextra™ - an arthritis drug linked to skin disease.
  • Celebrex - an arthritis drug linked to heart problems.
  • Vioxx - a pain killer linked to increased risk of strokes and heart attack.
  • Baycol™ - a cholesterol lowering drug linked to muscle and kidney damage.
  • Accutane™ - an acne drug linked to birth defects and depression.
  • Fen-Phen™ - diet drugs that caused heart and lung problems.
  • Zyprexa - a drug linked to diabetes, hyperglycemia, pancreatitis and diabetic ketoacidosis.

If you have suffered a serious personal injury or a family member has suffered a wrongful death due to a defective or unreasonably dangerous drug or drug complication, please feel free to contact us via our inquiry form or call collect at 802-864-5722 for a free initial consultation and case evaluation with one of our Vermont lawyers.

Vermont Law Pertaining To Pharmaceutical Litigation

Vermont has adopted the doctrine of strict products liability as embodied in Restatement (Second) of Torts S 402A. This section provides as follows:

1. § 402A. Special Liability Of Seller Of Product For Physical Harm To User Or Consumer.

  1. One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if
    1. the seller is engaged in the business of selling such a product, and
    2. it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.
  2. The rule stated in Subsection (1) applies although
    1. the seller has exercised all possible care in the preparation and sale of his product, and
    2. the user or consumer had not bought the product from or entered into any contractual relation with the seller.

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Sylvester & Maley, Inc. • Tel.: 802.864.5722 • Fax: 802.658.6124 • 78 Pine St., P.O. Box 1053, Burlington, VT 05402

Sylvester & Maley Disclaimer: The information offered herein by Sylvester & Maley, Vermont Personal Injury Lawyers, is not formal legal advice nor the formation of an attorney client relationship. To learn more about a specific case or injury, please contact any one of our personal injury attorneys. Our lawyers based in Burlington, Vermont, are experienced in personal injury cases including automobile accidents, wrongful death, medical injuries, prescription drug, skiing accidents, boating accidents, carbon monoxide poisoning, toxic torts, nursing home abuse, nursing home neglect, professional malpractice, insurance bad faith, pharmaceutical litigation, and more.

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