Personal Injury FAQ

Can anyone bring a wrongful death claim?

Learn More: Plaintiff's Personal Injury Law

I Have Been Injured By Medication My Doctor Gave Me, Do I Have a Claim?

Unfortunately, not all medications available on the market are safe to persons taking them. Many drugs benefit the user in the way they are intended. However, drugs that do not act as intended and cause serious harm to the user are known as dangerous drugs. If you or a loved once has been injured by using a dangerous drug, you may have a claim for the injuries you have suffered. It is important to seek an attorney to discuss and potential claims you may have.

Victims of dangerous medications usually have a personal injury claim. Yet, additional claims may be appropriate depending on the facts of your case. Other claims may be medical negligence and wrongful death. If you have an action for personal injuries caused by using a harmful medication, there are a few legal claims that may be possible. You may have a claim against the manufacturer of the drug, the doctor who prescribed you the drug and/or the pharmacist who dispensed the drug. If you have a claim against the manufacturer of the dangerous drug, you may have a claim of warranty fraud or a failure to warn claim. In a failure to warn action, the plaintiff (injured party or family member of an injured party) must show that the company knew about the harmful side effects and/or injuries that could occur when taking the drug. The company then failed to warn potential victims or doctors of the probable injuries. The manufacturer may also have issued warnings listing possible risks of taking the medication, however these warnings may have minimized the dangers or not described the dangers adequately, these actions may also fall under a failure to warn. Either by failing to warn potential victims or falsifying information, the company placed the harmful drug on the market.

Additionally, injured persons may have a claim against their doctor for prescribing them the dangerous medication that caused their injury. In some cases the physician may have ignored warnings about possible risks and likewise failed to warn patients of these risks. The doctor may also have failed to act as a reasonable doctor would in a similar situation by not monitoring the party using the drug and/or not recognizing symptoms of injuries until it was too late. These actions may be for professional negligence.

What Type of Damages Can I Seek in a Personal Injury Claim?

If a medication has caused you injury, you will most likely be seeking financial compensation (damages) for your injuries. In order for the court to award damages, you will have to prove the four elements of a personal injury tort case. The four elements are that the defendant owed a duty to you (the plaintiff), that duty was breached by the defendant, the breach caused the injury you sustained and that you were, in fact, injured as a result of taking the dangerous medication. If you have proved your case, the court will look at the amount of loss you have incurred, such as costs of medical care and treatment, loss of earnings, the severity of the injuries suffered, the amount of future assistance you may need and other factors depending on the facts of your case. In some cases, the court or jury may also award punitive damages (in addition to compensatory damages). Punitive damages will often consider the amount of pain and suffering the victim experienced. These types of damages are intended to punish the defendants for their wrongdoing, as pain and suffering can never be sufficiently compensated.

DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

View Previous Months' Selections

NOTE: Labels in bold are required.

$1,300,000 Settlement. Class Action settlement against hospital for suddenly closing its doors without properly compensating employees. Successful recovery of wages, fringe benefits, health insurance premiums and reimbursement for covered medical services.
$22,000,000 Settlement. Local counsel in a Class action settlement against a manufacturing company for personal injuries and property damage sustained by surrounding neighborhood residents due to plant explosion, and air and ground pollution.
9,300,000 Settlement. Young woman admitted to Ohio State University Hospital with Guillain Barre Syndrome (GBS). She developed breathing problems due to the condition. The resident physician failed to act upon an alarming blood gas study and instead went to lunch. The young college student suffered a respiratory attack resulting in brain damage. She is in a permanent vegetative or minimally conscious state requiting round the clock care
8,600,000 Jury Trial Middle aged woman presented to her ophthalmologist with Pseudo Tumor Cerebri a condition in which there is a build up of cerebral spinal fluid pressure in the brain. If untreated with a shunt it can cause damage to the optic nerve and blindness. The doctor elected to treat with drugs and the patient lost most of her vision
3,200,000 Jury Verdict. Woman admitted to the Mt Carmel hospital for a hysterectomy. She developed an undiagnosed blood clot in her arm. The failure to timely diagnosis and treat the condition resulted in amputation of her arm.
2,325,000 Trial Four month old baby developed a fever. The pediatrician obtain blood work but failed to recognized that the white blood cell count showed signs of an infection. As a result the spinal meningitis was untreated and the young boy suffered amputation of his feet and finger tips from the untreated bacterial infection that resulted in lack of blood flow.
2,325,000 Trial Four month old baby developed a fever. The pediatrician obtain blood work but failed to recognized that the white blood cell count showed signs of an infection. As a result the spinal meningitis was untreated and the young boy suffered amputation of his feet and finger tips from the untreated bacterial infection that resulted in lack of blood flow.
2,000,000 Settlement Driver of a truck hit a guardrail with caused his truck to collide with a bridge pier. The driver lost his leg in the accident. The suit was against the auto manufacturer and the Ohio Turnpike Commission
2,000,000 Settlement Driver of a truck hit a guardrail with caused his truck to collide with a bridge pier. The driver lost his leg in the accident. The suit was against the auto manufacturer and the Ohio Turnpike Commission
1,800,000 Jury Trial Sixty five year old grandmother was killed when a young uninsured driver crossed left of center colliding with the plaintiffs car.
1,800,000 Settlement High school senior was hit by a Conrail train in Hilliard. The track had lights but no gates. The crossing had site restrictions making it difficult to see a train.
$1,000,000 Jury Trial. Product liability handgun case tried to jury. As the jury completed its deliberation, the case settled for a confidential amount. Young man sustained a severed sciatic nerve. The gun discharged after the clip was removed and while clearing the chamber. The firearm was defective in its design and warnings.
$1,000,000 plus in Settlements. The partners have collectively settled over 800 client cases involving exposure and resulting injuries from asbestos. Attorney Abraham argued before the Ohio Supreme Court seeking a change in the law so that it would be more favorable toward victims of asbestos exposure related injuries. Attorney Abraham has also settled additional individual asbestos cases involving cancer and other lung diseases.
$950,000 Settlement. Premises liability case against seller of house, gas company, and plumbing repair company where gas leak resulted in house fire killing mother and two young children. Policy limits were limited and disputed liability.
$950,000 Settlement. Middle aged lady attending meeting at hospital slipped and fell while exiting restroom. Two days later she developed blood clot in her leg that resulted in her death. Liability disputed.
$750,000 Settlement. Young girl nearly drowned in a pond resulting in learning disability. A premises liability allegation of failure to provide adequate life guards and design of premises was defective. Disputed liability.
700,000 Trial Thirty year old man ran into the rear of a water truck that had failed to use turn signals. The plaintiff broke both legs in the automobile accident.
$650,000 Settlement. Elderly lady sustained broken ankle with some permanency of limitation in movement when her vehicle was struck head on by oncoming vehicle.
600,000 Settlement Woman's face caught on fire during a surgery. The oxygen was ignited with a spark form electric cautery.
$500,000 Jury Verdict. Low speed rear-end collision truck accident. Plaintiff suffered injury to spine and doctors testified he needed disc fusion. $5000.00 in medical bills considered by the jury. Proximate cause disputed.
$500,000 - client suffered herniated discs and annular tears after rear end vehicular collision by a dump truck
$450,000 Settlement. Product liability case involving an elderly man who suffered from diabetes and had an ankle replacement. While recovering, one of the metal crutches he was using collapsed due to a defective adjustment pin causing him to fall and re-injure the ankle with permanent partial loss of use.
$360,000 Settlement. Handicapped lady was personally assaulted in her apartment that lacked adequate security. Permanent psychological injures.
$295,000 - clients (family of four) suffered neck and back injuries, closed head injuries, hip and pelvic fractures as a result of a head on vehicular collision
250,000 Jury Verdict Young woman injured her thumb in a auto accident. The thumb injury interfered with her career as a hair dresser.
$250,000 Settlement. Product liability muzzleloader gun case where the nipple that holds the firing cap exploded from the rear of the riffle when fired causing loss of vision in shooters eye. Disputed liability.
$225,000 Settlement. Trip and fall down basement stairs of rented property. Middle aged lady sustained injury to her elbow when she fell down the stairs due to a lose step. Liability disputed.
$200,000 - client broke both wrists during recreational ballroom dancing when negligently pushed by other dancers resulting in fall
$155,000 Settlement. Patron of hotel was climbing exterior steps to his room when he fell due to height variations in steps. He sustained a leg injury that substantially healed. Liability disputed.
$60,000 Settlement. Product liability crossbow case where the limb of the crossbow delaminated during firing causing injury to shooters eye. Disputed liability.

Hoster and High Building
536 South High Street
Columbus, OH 43215
Toll Free: 877-450-2697
Phone: 614-678-5072
Fax: 614-228-7122

Home | Firm Overview | Attorneys | Resources | Contact Us

FirmSite® by FindLaw, a Thomson Reuters business.

The law firm of Colley Shroyer & Abraham represents clients in Columbus and throughout Ohio, including Grove City, Hilliard, Dublin, Upper Arlington, Worthington, Powell, Delaware, Westerville, New Albany, Gahanna, Reynoldsburg, Pickerington, Canal Winchester, Obetz, Newark, Lancaster, Circleville, Chillicothe, London, Marysville, Zanesville, Portsmouth, Athens, Logan, Waverly, Dayton, Springfield, Mansfield, Gallipolis, and all cities within Franklin County, Delaware County, Knox County, Licking County, Fairfield County, Pickaway County, Ross County, Madison County, Union County, Muskingum County, Scioto County, Athens County, Hocking County, Pike County, Montgomery County, Clark County, Richland County, Ashland County, and Gallia County.