Frequently Asked Questions

Representing Each Client with Personalized Attention

We know that when selecting a lawyer for a drug or medical product case, you have many choices, and many questions. If you have been injured by a drug or medical product, it is important that you know your rights. These are some of the questions our clients have asked most frequently over the years.


TELL US WHAT HAPPENED TO YOU

Do I Have a Case?

1My injury occurred years ago. Can I still sue?

It depends. The laws that govern when lawsuits can be filed are called Statutes of Limitations, and they vary by state. Generally, most states require that a suit be filed either within two or three years from the date you knew, or should have known, that you were injured. Our attorneys can advise you of your rights in the state in which you live.

2Your principal office is in Maryland, but I don’t live there. Can you still represent me?

Absolutely. Our lawyers are also licensed in the District of Columbia and Massachusetts, but no matter where you live in the United States, we can represent you. We will hire local counsel to get us admitted in the court of your home state in order to represent you.

3A family member died. What are my legal options?

Again, it depends on what state you live in, as the laws governing who can bring a lawsuit differ greatly from state to state. If you are the spouse or minor child of a person who died as the result of a defective product, you can probably sue based on your lost financial, emotional and other support. In many states, parents and adult children of a person who died from a defective drug or product can also bring claims for their grief and suffering.

4Do I have to sue my doctor?

No. More often than not, manufacturers of defective drugs and products also keep doctors in the dark. In our experience, manufacturers often withhold information that doctors need to make informed judgments about whether and how to use their product. With complete information, we believe that your doctor would not have given you the drug or provided you the device (or, at the very least, would have given you the information you needed to make an informed decision).

5Will you be filing my case as part of a class action or mass tort?

A Class Action is a single lawsuit where one person brings a claim on behalf of many people who have suffered the same damage from a single product. For personal injury cases, such as drug or medical product liability claims, class actions are not appropriate tools because each person’s injury affects him or her in different ways. Your case will be filed individually, but will likely be consolidated before one judge as part of a Mass Tort. At JENNER Law, we will always be your lawyers, and always available to you.

6What about my spouse? Will he/she be part of the lawsuit?

Most states recognize a claim for what is called Loss of Consortium. This is a term used in personal injury lawsuits that refers to the damage to a marital relationship caused by another’s misconduct. In those states that recognize this claim, your spouse will have the option of joining the lawsuit.

7How much money is my case worth?

This is the question we simply cannot answer up front. The value of any case is determined by a variety of factors unique to your case, including medical history, extent of injury, age, where your lawsuit is filed, and other issues. You can be assured, however, that we will take your case only if we believe it will be worth your time and our commitment.

The Lawsuit Process and Getting Started

1What happens first?

First, we will evaluate your case to determine if you have a valid claim. We will interview you, gather your medical records, and speak with medical experts. If we determine that you have a valid claim based on the information we have, we will file a document in court called a Complaint. Once the manufacturer (defendant) answers the Complaint, the parties will begin to exchange information along a timeline set by the court.

2How much involvement will I have?

We will begin by talking with you in detail about what happened, and obtain documents that will give us greater insight into your claim. At some point, you may be asked to fill out a Plaintiff’s Fact Sheet which does require some effort on your part. Later, you may have to give testimony in what is known as a Deposition. We will keep you informed about important decisions, and you will be apprised of important settlement discussions. Bringing a lawsuit should not place an extraordinary burden on your time; however, we want always to keep you informed about and connected to your case.

3Is the manufacturer’s lawyer going to want to talk to my family or me?

If your case is selected to proceed to trial, Yes. The defendant, through its attorneys, will ask for the opportunity to take a deposition of you and maybe others who know about your injury. These questions are asked under oath. We will prepare you for this deposition and be with you when it is taken. Opposing counsel cannot speak with you without us present.

4How will I know what’s happening with my case?

Communicating with you is our first priority. We will provide you regular status updates about your case. We also are available to answer questions by phone, email or text throughout the litigation. Our personal relationship with our clients is of the utmost importance to us and we will make sure you stay in the loop.

5Will I have to go to trial?

The reality is that the overwhelming majority of cases settle out of court. Trials are long, expensive, and stressful. But as seasoned trial attorneys, we are fully prepared to take your case through trial and appeal if we believe that is in your best interest. Working alongside our litigation partners, we have the resources, experience, and aggressive mindset to go the distance.

Time and Cost

1How long will my lawsuit take?

This is difficult to predict. The litigation process can be agonizingly slow. It is not uncommon for a lawsuit to take four years or more. However, you can be assured that our firm and litigation partners are experienced in pushing cases aggressively in order to reach a favorable resolution as quickly as possible.

2What does your law firm charge?

We work on a contingency fee; that is, we do not get paid unless you do. Our fee is contingent upon achieving a successful result for you. You do not pay us an hourly rate for our legal services. Our contingency fee is 40 percent of the gross recovery. This is the fee typically charged by law firms that are experienced and successful in drug and device litigation.

3What if we lose? Do I have to pay anything?

No. Depending on the nature of the case and how far into the litigation process we go, your case may cost from a few hundred dollars to hundreds of thousands of dollars. If we are unsuccessful in your case, you will not owe us any fees or costs. If we are successful, you will be responsible for the case costs from your portion of the recovery.

Representation in jurisdictions where we are not already licensed is performed in conjunction with local counsel–at no additional legal fees to the client–and with permission of the court.

The results obtained in each of the cases were dependent on the particular facts of each case. Other cases will differ based on the different facts involved.