Is a Vioxx Lawsuit Right For You?

Vioxx is in a class of drugs called nonsteroidal anti-inflammatory drugs—or NSAIDs. This type of drug works by reducing substances that cause inflammation, pain and fever in the body. It is used to treat osteoarthritis, rheumatoid arthritis and forms of juvenile rheumatoid arthritis. It was also used to treat severe pain in adults such as migraines and menstrual pain.

Patients taking this drug should contact your doctor immediately if you experience any of these symptoms: abdominal pain, nausea, blood in vomit, bloody, black or tarry stools, sudden weight gain, tiredness, flu like symptoms, itching, yellowing of the skin or eyes. These symptoms should not be ignored as they could be early signs of much more dangerous side effects. In 2004 Vioxx and related pain medications were taken off the market because some people were experiencing serious heart problems including heart attack and stroke. Researchers believe that the risk of cardiovascular problems could be more than two times higher in people who use VIOXX than in people who use traditional pain treatment.

Have you or someone you know suffered a heart attack or stroke after using Vioxx? A Vioxx lawsuit may be worth pursuing to recover damages for medical costs, lost wages and pain and suffering. However, cases involving drugs causing serious side effects can be difficult to prove. Being able to prove that the drug company was responsible for the side effects causing the health problems can be very challenging.

Working with an experienced attorney can help you with your legal rights and help determine the best course of action. If it appears that a Vioxx lawsuit is appropriate, your attorney will work closely with you. You will have to do some investigative research gathering information about when you started and stopped taking Vioxx, who prescribed it, who filled the prescription, and the specific dosages prescribed. Be aware that other information or medical exams may need to be performed. Working with an experienced Vioxx attorney can help maximize any compensation that you may be entitled to.

It’s not always easy to find a reputable and experienced attorney you can trust. After all, thousands of attorneys are claiming to the best. Here are a few guidelines to follow to find an attorney for your Vioxx lawsuit.

Referrals. Ask friends, family and colleagues for referrals. Be sure to get references and follow up with background checks.

Fee Schedule. A few phone calls or research on the web can fill you in on what kind of fees attorney’s charge. Some attorneys work on a fee basis while others work on contingency. You need to decide if your problem is worth the time, effort and cost to pursue. Will it put more stress on you and your family? Be sure to ask for an estimate and keep a log of what’s being billed. You can also insist on a written fee agreement.

What type of attorney? Sometimes it’s best to hire an attorney who is specialized in their particular field. If you want to pursue a Vioxx lawsuit, it may be best to hire an attorney who specializes in drug related cases rather than a general practitioner. Specialized attorneys will have more experience in this type of work and may not need as long to do the research and gather the required documentations as a general practitioner.

Avoid Pressure. Avoid any attorney who makes grand claims such as this is a “no brainer” or a “slam dunk” case. No good attorney would make those claims without doing all the proper research and investigative work. If an attorney makes you feel uncomfortable or pressured, go to another attorney. Don’t hesitate to get a second opinion.

Statute of Limitations-the statute of limitations time period may be set by individual states and can vary. The clock usually starts ticking at the date of diagnosis so you may have limited time to file your case

The value of your Vioxx lawsuit case can depend on several factors. Some lawsuits will be filed as separate cases and others will be class action lawsuits. Class actions are lawsuits brought in federal or state court by one or many people on behalf of others who’ve been harmed in the same way by the defendant. These people have similar claims that can be heard in a single trial. If you don’t opt out of the suit, you are bound by the decision in court. After a settlement is reached, the members split the award.

The advantages to a class action lawsuit are that it can add clout in strength in numbers against a large corporation. It can also lower the cost of the lawsuit because the expenses are shared making it more affordable to pursue.

The disadvantages are the chances of receiving a lower settlement is likely than if you filed separately. An attorney can work on your unique case and circumstances to pursue a claim. In most cases, class members are bound by the outcome of the case and you can’t later sue for a higher settlement. Compare the two choices and discuss the advantages and disadvantages with your attorney.