A San Francisco County resident has alleged that a prescription drug caused the untimely death of her husband in June of 2014.
According to court documents, Leatrice Oliver filed a complaint in early June 2016 in U.S. District Court against multiple pharmaceutical organizations, citing manufacturing defect, strict liability, negligence, failure to warn and other counts. The claim alleges that her husband’s death was caused by his use of the drug Xarelto, which is said to have caused a fatal intracranial hemorrhage.
Although a doctor had prescribed Oliver’s husband the drug, she maintains that the defendants failed to properly inform and/or provide adequate precaution to her husband and his medical team regarding the potential side effects of taking Xarelto.
In addition to requesting a trial by jury, Oliver is seeking special damages, as well as punitive and exemplary damages, financial support, interest and legal fees, as well as any other compensation that California courts may deem just.
Unfortunately wrongful death claims are not uncommon, especially in cases stemming from prescription drugs or medical care. In the state of California, there are specific laws that address personal injury matters, including wrongful death, and a victim’s rights under law.
Wrongful Death Cases in California
When a person dies suddenly – like in cases involving automobile or pedestrian accidents or medical malpractice – that may be considered wrongful death. When this type of incident occurs, victims often leave behind loved ones, from parents and spouses to children or other beneficiaries, who then (depending on law) have the right to sue for wrongful death.
The most important thing to remember in any wrongful death case is that they typically revolve around one thing – negligence. And you will have to prove that in order to win any wrongful death claim.
Unlike natural death cases, where there is no right to action, wrongful death comes as a direct result of the negligence of another individual or entity. That means that the family members are entitled to compensation.
Such compensation may include damages related to pain and suffering, in addition to things like lost wages. Unfortunately, many wrongful death cases involve victims who were the primary provider for their family, which can cause a great deal of uncertainty for their family’s financial future.
If you or someone you know has suddenly lost a loved one due to another’s negligence, it is critical that you contact an attorney as soon as possible. Only a qualified attorney can assess your situation according to the laws of your state, and provide a judgment for how you should proceed.
Wrongful Death Attorneys in Southern California
In the greater Los Angeles area, the skilled attorneys at Fox & Fox Law Corp. advocate on behalf of victims of personal injury, including those dealing with the sudden, unexpected loss of a family member. We know that dealing with this type of loss is never easy, and that’s why our firm is committed to holding the negligent parties responsible and helping you and your loved ones find the justice you deserve.
You are not alone in your struggle, and our attorneys are here to support you and your family today. To schedule a free initial consultation to evaluate your case, call Fox & Fox Law Corp. at (818) 986-4494.