Legal Damages in a Inhaler Death Lawsuit
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A product liability lawsuit against a large pharmaceutical company like GlaxoSmithKline, the manufacturer of the asthma inhaler, Advair & Serevent is a very serious undertaking, and there may be other potential defendants in the distribution chain that share in the liability including potential medical malpractice lawsuit against the Doctor(s) that prescribed the Advair and/ or Serevent,
Advair & Serevent Inhaler Death Lawsuits
If you have lost a loved one has died from complications due to a complications and adeverse reactions to Advair or Serevent, please contact us immediately. Drug, or product liability litigation requires an experienced attorney who is familiar with filing suit against pharmaceutical companies and those liable. Mr. Willis is a Board Certified Personal Injury Trial Lawyer certified by the Texas Board of Legal Specialization. Our Law Firm has handled hundreds of personal injury claims, drug cases, class action lawsuits, and individual lawsuits and product liability injury cases and we would like to represent you. Let our Law Firm fight for you and your legal rights. There is not currently an Advair class action lawsuit or a Serevent Class Action Lawsuit pending.
Punitive and Compensatory Damages
If you have been the victim of personal injury or a victim of a dangerous drug or medical device, then you may be entitled to damages. Awarded in civil actions, personal injury damages are monies allotted to those who have been wrongfully injured by someone else. Damages are intended to help restore the victim physically, emotionally, mentally, and financially. The two main types of personal injury damages are compensatory damages and in limited circumstances, exemplary or punitive damages.
Actual or Compensatory Damages
Compensatory damages, which are sometimes referred to as actual damages, cover all financial expenses and injuries and losses associated with personal injury including:
- Physical Pain
- Mental Anguish (Emotional distress)
- Pain and suffering (grief, anxiety, humiliation, or depression)
- Medical bills
- Permanent disability
- Mental impairment
- Loss of Earnings (Loss Wages in Past & Future)
Often called exemplary damages, punitive damages are typically awarded to the plaintiff in addition to compensatory damages when the defendant's conduct has been especially malicious or oppressive. Punitive damages are awarded to punish the offender and to deter others from engaging in similar actions. Punitive damages or exemplary damages are often awarded in cases where the defendant's action amount to gross negligence in those cases where the defendant acted with conscious indifference to the rights and safety of others or the actions were the result of the defendant's wanton, willful disregard as to the safety of others and for intentional behavior. In the case of Advair or Serevent, if it can be proved that the makers of Advair or Servent, Glaxo Smith Kline, knew of the medical testing or studies that indicated that users of Advair or Serevent may have increased rates of death or that African American children died at a even higher rate than white children, and those types of reports or studies were intentionally excluded from or hidden from the FDA, the patients or others in the medical community and GlaxoSmithKline did not properly warn of these dangers or recall these asthma drugs timely, then GlaxoSmithKline could be held liable for punitive damages or gross negligence.
How much can you Receive in Personal Injury Damages?
Personal injury damages are determined on an individual, case-by-case basis. The amount is decided by the jury but can be reviewed by the court. If a judge feels that the amount of damages is excessive, he or she can order remittitur, a process in which the punitive damages are reduced without a new trial or appeal. If a judge feels that the amount of damages is inadequate, he or she can order additur, whereby punitive damages are increased without a new trial or appeal.
Asthma Inhaler Death Lawsuit - Talk to a Lawyer
Call the Willis Law Firm in Houston, Texas to discuss the legal options available to you and your family. Call toll free 1-800-883-9858 to talk to a Board Certified Personal Injury Trial Lawyer. All cases accepted on a contingency fee basis! Call us if we can assist you.
Call our Law Firm Toll Free at 1-800-883-9858 for Advair Lawsuit or Serevent Lawsuit Information.