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Pre-settlement funding for pharmaceutical claims

Prescription drugs are widely dispensed in the United States today, and doctors prescribe medications to treat an array of conditions, both physical and mental. Most medications come with varying degrees of side effects, and it is possible for a patient to be harmed by particular severe reactions or side effects. For example, Prozac (also known as fluoxetine) is a common prescription drug that is used to treat Major Depressive Disorder. Research has shown that Prozac causes a small percentage of users to develop violent and suicidal behavior. These users have experienced a significant level of harm from the prescription drugs, and hundreds of claims have been filed against the drug’s manufacturer as a result. In fact, lawsuits have been filed because of the harmful effects of many common prescription drugs. Zocor, a medication used to lower cholesterol levels, has been tied to lawsuits filed after being linked to kidney failure. The pain reliever Bextra has been the subject of multiple lawsuits after being linked to increased risk of heart-attack.

Why You Might Need to File A Defective Pharmaceutical Claim

If you or a loved one has been physically or psychologically harmed by the use of a prescribed pharmaceutical drug, you may have the option to sue and receive compensation for the harm caused to you.

There are three different situations in which you may file a claim (i.e., sue) because of a defective pharmaceutical drug:

  • The first involves drugs that have been defectively manufactured. If your prescription drug was improperly manufactured, labeled, or was contaminated during shipping, then you have cause to file a claim. Have you taken a prescription drug for an extended period and then found that a particular refill provided new side effects, or did not provide the effects that it normally does? If you’ve experienced new side effects and the changes were not caused by a lifestyle change, this may be evidence of defectively manufactured drug.
  • The second situation involves drugs that were manufactured correctly but still resulted in injury. Sometimes drugs are available for several years before harmful side effects are revealed. If it is proven in court that the manufacturer knew of the side effects but took actions to hide this information, you have cause to file a claim. Proving this situation is a difficult task, and can often involve lawsuits that are drawn out for years. If you are suspicious that your experience fits this situation, we recommend researching to see if the prescribed drug (or a similar one) has been the subject of a lawsuit. Even if there has yet to be a lawsuit pertaining to the prescribed drug you are taking, reach out to a lawyer specializing in this field and schedule an initial consultation to discuss your possibilities.
  • The last situation involves improper marketing of pharmaceuticals. If a manufacturer, sales rep, or even your doctor fails to warn you of a drug’s effects adequately, you may have cause to file a claim. Determining who exactly is at fault for improper marketing can be confusing. Speaking with an experienced attorney should help in determining who you will file a claim against.

It is also possible that a claim can be filed because of a combination of all three of these situations. If any of these outlined scenarios seem to mirror your own, the next step is to contact a legal professional.

The Process Takes Time

If you find yourself filing a claim because of a harmful experience, you should applaud yourself. Taking a stand against pharmaceutical corporations and medical professionals is an intimidating experience. There will always be reasons to justify not filing a claim, but choosing to hold pharmaceutical and healthcare professionals accountable shows courage and integrity. Also, your actions will help anyone else that finds themselves harmed by the same drug.  

The lawsuit or claims process often takes longer than we might hope. Settlements from pharmaceutical companies often have the companies paying well over $100 million to the claimants. Due to the massive scope of these settlements, courts take the time to review all the evidence needed to make a decision. This process can sometimes drag on for years. If you were harmed by a drug and it resulted in costly hospital trips or forced you to take time away from work, you may need financial assistance quicker than the courts can give it to you. If you find yourself in this situation, pre-settlement funding is an option that allows you to maintain your financial obligations during the claims process.

What is Pre-Settlement Funding?

Pre-settlement funding is a financial service that allows you to sell a portion of your ongoing claims settlement for money when you need it. This funding is not a loan, and fees from settlement funds come only after a claim is resolved. They are only a portion of your total settlement, and they will never exceed the money that you receive from your claim. Money from pre-settlement funding can be used towards anything. Its purpose is to help you continue to meet financial obligations like your mortgage and monthly bills on time while you wait for your claim’s full compensation. If you do not receive any compensation from your claim, you will not owe Case Capital Trust anything at all. Pre-settlement funding provides you with the money you need today so that you can see your case to its completion.

Why Pre-Settlement Funding Might Be Right For You

Pharmaceutical companies and healthcare professionals know that lawsuits can take quite a bit of time. They will often try to use the seemingly interminable length of lawsuits to their advantage. Knowing that you need a payout sooner rather than later, they will attempt to settle for much less than you deserve because of your financial need. By receiving pre-settlement funding, you ensure that your case is seen to the end. Funding gives you the security to demand the most out of your claim. Case Capital Trust can make sure that you get everything that you deserve if you’ve been harmed by a defective prescription drug.


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