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Legal
Rights and Remedies |
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| Legal Rights |
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The laws of most states entitle individuals to
file suit to obtain financial compensation for their DES-related injuries. These suits are
generally filed against the manufacturers of DES and seek damages caused by the company's
negligence in manufacturing and distributing a dangerous product. There is not, and never
has been, a class action on behalf of the DES-exposed population. Although many have been
attempted, the courts have uniformly ruled that the variety of conditions and injuries
caused by DES prohibits certifying DES plaintiffs as a legal "class". Class
actions require a commonality of interest and injury. Instead, individual suits must be
brought. Because DES was a generic drug and the particular manufacturer may be difficult
or impossible to identify, some states have adopted a special way for claimants to recover
damages without proving the specific maker of the DES taken. For those jurisdictions which
do not recognize this "market share" theory of liability, proof of the specific
manufacturer whose product was ingested by the DES mother is required. Records from the
doctor, hospital or pharmacy may be available to show the type of DES taken by your
mother. You and your mother are entitled to obtain copies of any records that exist.
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| Filing a DES-Related Lawsuit |
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I am an attorney in practice
for over 25 years; for the last 15+ years, my practice has concentrated on
medical malpractice and product liability litigation, primarily involving DES-related
litigation against pharmaceutical companies. In this website, besides trying to provide
educational and informational resources, I would like to tell DES daughters, sons and
their families a little about my experience with the DES litigation process and let them
know I am available to answer questions they may have about DES
lawsuits and their legal rights. If you believe
you or your child were injured as a result of DES exposure, you may have a legitimate
claim for compensation. My law firm has represented many
DES-exposed individuals and their families. My staff includes legal and medical experts
who can obtain and review your medical records and investigate your potential case. If a
determination is made that you have a valid claim, we can handle it on a contingency-fee
basis. A no-cost consultation is available.
If you are interested in pursuing a potential case, please
fill out the DES Questionnaire and Medical Authorization forms, and return them to me by fax or
e-mail. These documents will provide me with the information necessary to begin an
investigation of your case. I will send you confirmation of my receipt of these materials,
and I will begin a review. This review and investigation process generally takes several
weeks. If you have some of your medical records, mailing copies to me will expedite the
process. |
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