1. What is the statute
of limitations in this type of case?The statute of limitations
for a personal injury lawsuit is usually very short- 1- 3 years
depending upon the state and the type of injury suffered. You must act
quickly when filing a claim or you may be forever barred from doing so
if you miss the statute of limitations. During your initial consultation
with an attorney, he will be able to tell you what the statute of
limitations is in your home state.
2. What are my legal options?
It is likely that you may have a claim against the manufacturer of
Neurontin. Your prescribing physician may also be held liable under
medical malpractice law. This is true even if you voluntarily took the
drugs. Your willingness does not relieve manufacturers and doctors
from their duties to warn of dangers and side effects associated with
the drugs they are making and prescribing.
3. How are attorneys paid in these types of cases?
Generally, they are paid on a contingent-fee basis. This means the
attorney earns a fee only if your claim is successful. If your claim
is not successful you owe nothing.
4. Is it for certain that I’ll end up going to trial?
Only about 25% of all personal injury cases end in a court; most
will settle.
5. What does pain and suffering include?
This would generally be money awarded over and above the actual
medical costs and lost wages.
6. I don’t have any medical expenses or lost income; can I still
collect a settlement?
If you haven’t suffered an injury or incurred financial losses,
chances are very slim that you’ll collect any monetary awards.
7. What is Neurontin?
Neurontin is a drug currently approved by the FDA but only as
supplementary treatment for a specific type of seizure, know as
“partial seizures,” and after maximum tolerated doses of older drugs
have been used. It is also approved for treating Shingles.
8. If the drug has not been recalled, what is the problem?
This drug is being prescribed for non-approved uses. This is often
done, because the manufacturer is making false claims to physicians
about clinical trials and studies that have not been performed or are
inconclusive.
