Straight Answers from an Experienced Milwaukee Attorney

The Techmeier Law Firm, S.C., in Milwaukee, handles defective medical product and dangerous prescription drug claims for individuals across Wisconsin. We have successfully handled personal injury claims for over 30 years. Please contact us to arrange a free initial consultation.

Among the most commonly asked questions we answer about defective medical devices and dangerous drugs are:

1. What is federal preemption?

You need to be aware of the doctrine of federal preemption. If a product or a drug has been approved by the Food and Drug Administration (FDA), the manufacturer will argue that you cannot sue for injuries because a governmental body has already gone through a trial of its own and approved the process.

2. Why do I need to know about federal preemption?

From our experience, there is little merit in the federal preemption argument. We know that officials at the FDA (who are often political appointees) will frequently ignore scientific evidence because they don't understand it, and will be willing to approve questionable drugs and devices because of political pressure or lobbying. This results in untold injuries suffered by individuals who use approved drugs and devices in good faith.

IMPORTANT! Even though the United States Supreme Court is currently reviewing the doctrine of federal preemption exemption as it governs medical devices (see Riegel v. Medtronic, Inc.), you should use your power to vote to elect members of Congress who will oppose the concept of federal preemption and keep the doors to the courthouse open to the public.

3. Why is it important to hire a lawyer?

• You need to make sure that your claim gets filed before the statute of limitations runs out. Otherwise, you will not be able to recover for injuries suffered.
• Cases involving defective medical devices and dangerous drugs are complex and require extensive investigation and evidence. Your chances of successfully obtaining compensation without a lawyer are extremely slim.
• Your case may need to be filed in a state other than Wisconsin, even though you live in Wisconsin. The statute of limitations may be different in that state.

4. What are my legal options?

Your best option is to hire a lawyer to file legal action. The lawsuit will customarily be a mass tort action. These types of claims often settle, but usually take a lot of time to resolve.

5. What is a mass tort?

Mass torts are individual claims which can be part of a group of claims brought against the same wrongdoer. Unlike a class action, each individual's case is handled by their own counsel, which allows for personalized settlements.

Please contact us today to schedule a free consultation to discuss your defective medical device or dangerous drug claim. Evening and weekend appointments are available upon request. Let us use our experience to help you recover the money to which you are entitled.

Over $75 million in personal injury settlements and jury awards since 1976.

The Techmeier Law Firm, S.C.
The Renaissance On Water
Ste. 160, 309 N. Water St.
Milwaukee, WI 53202
Phone: 414-223-1050
Toll Free: 800-242-1050
Fax: 414-223-4355

At the Techmeier Law Firm, S.C., in Milwaukee, we represent clients throughout Wisconsin, including the communities of Waukesha, Racine, Kenosha, Elkhorn, Lake Geneva, Mequon, West Bend, Brookfield, Green Bay, Fox River Valley, DePere, Appleton, Oshkosh, Fond du Lac, Waupun, Sheboygan, Manitowoc, Madison, Janesville, Beloit, Kewaunee, Sturgeon Bay, Neenah, Menasha, Shawano, Waupaca, La Crosse and Wausau.