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Sundquist Amadi

Case types

Five kinds of cases against the companies that make things. Each one has its own facts that matter, and its own records that prove them. Start with the one closest to what happened to you.

Every case below is a claim against a company: the maker of a drug, a device, a chemical, a product or a vehicle. None of them is a claim against your doctor, your employer or your neighbour. If we think your situation belongs in a different kind of case, we will say so and point you to someone who handles it.

A clinician pointing a pen at an X-ray film held up to the light
Fig. 1 Stock photo. Imaging, operative reports and pharmacy records are read by a lawyer and our nurse reviewer before we answer.
  1. Case type 01

    Dangerous drugs

    Prescription and over-the-counter medicines that caused harm the label did not warn about. A drug case is a claim against the company that made or sold a medicine. It is not a claim against the doctor who prescribed it or the pharmacy that filled it.

    Claim is against
    The drug maker, and sometimes the company that sold or relabeled it
    Key evidence
    Pharmacy fill history and the medical record of your diagnosis
    Usual form
    Often grouped with similar cases in one federal court (an MDL)
  2. Case type 02

    Defective medical devices

    Implants and devices that failed, broke apart, or had to come out early. Device cases cover hardware placed in or on the body: joint implants, mesh, filters, pumps and stimulators. The claim is against the company that designed or made the device.

    Claim is against
    The device maker, and sometimes its distributor
    Key evidence
    The implant record from your operative report, and records of any revision surgery
    Usual form
    Often grouped in an MDL, with some cases in state courts
  3. Case type 03

    Toxic exposure

    Illness linked to chemicals at work, at home, or in the water. Toxic exposure cases connect an illness today to a substance you were around in the past. That past can be a job, a home near an industrial site, or a water supply.

    Claim is against
    The company that made, used or released the substance (not usually your own employer)
    Key evidence
    Proof you were there: work history, address history, service records
    Usual form
    Individual cases, group cases, and sometimes special claim programs
  4. Case type 04

    Defective products

    Household and consumer products that hurt someone during normal use. When a product injures you during normal use, you may have a claim against the company that designed, made or sold it. Many people blame themselves or the store and never think of the maker.

    Claim is against
    The maker, and sometimes the importer, distributor or seller
    Key evidence
    The product itself, untouched, plus photos and packaging
    Usual form
    Usually an individual case, sometimes part of a larger group
  5. Case type 05

    Vehicle defects

    Crashes caused, or made worse, by a defect in the vehicle itself. Most crashes are someone's driving. Some injuries, though, come from the vehicle: an airbag that did not open, a seat belt that let go, a roof that crushed, or a fuel system that caught fire.

    Claim is against
    The vehicle or parts maker
    Key evidence
    The vehicle and its crash data recorder
    Usual form
    Individual cases, often alongside a normal crash claim

Section 06: Side by side

How the five compare.

Comparison of the five case types
Case type Against Records that matter most Usual form
Dangerous drugs The drug maker, and sometimes the company that sold or relabeled it Pharmacy fill history and the medical record of your diagnosis Often grouped with similar cases in one federal court (an MDL)
Defective medical devices The device maker, and sometimes its distributor The implant record from your operative report, and records of any revision surgery Often grouped in an MDL, with some cases in state courts
Toxic exposure The company that made, used or released the substance (not usually your own employer) Proof you were there: work history, address history, service records Individual cases, group cases, and sometimes special claim programs
Defective products The maker, and sometimes the importer, distributor or seller The product itself, untouched, plus photos and packaging Usually an individual case, sometimes part of a larger group
Vehicle defects The vehicle or parts maker The vehicle and its crash data recorder Individual cases, often alongside a normal crash claim

Section 07: Not sure which?

You do not need to sort it out first.

Free case review

Talk to someone who reads the file.

A free review takes about ten minutes. You get a plain answer: yes, not yet, or no, with the reason. Contacting us does not make you a client and costs nothing.

Start a free case review Call (612) 555-0148

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