A Major Law Firm Commits to Representing Victims of Adverse Effects of Levaquin, Cipro, and Similar Antibiotics
An Interview with Attorney Marty McLean.
Marty McLean is an associate attorney practicing in the personal injury group of Hagens, Berman, Sobol, Shapiro (HBSS) (www.hagens-berman.com). Mr. McLean has a varied caseload focusing on civil rights issues, medical malpractice, product liability, general negligence and tortious conduct. Mr. McLean is one of the primary attorneys at HBSS representing individuals harmed by adverse reactions to fluoroquinolones.
I first met Attorney McLean last year, when he asked me to serve as an expert witness in a case of serious harm related to the use of a fluoroquinolone (FQ) antibiotic. Mr. McLean and I have had many conversations about the severe harm that is seen with these antibiotics, and about the fact that few patients receive warnings about the risks before being prescribed these medications. This interview represents an extension of our conversations and of HBSS’ decision to represent people who have sustained FQ-related injuries.
Cohen: What has drawn your firm’s interest in representing individuals with fluoroquinolone(FQ)-related injuries?
McLean: Hagens Berman (hagens-berman.com/levaquin) has a well-established track record for representing consumers harmed by dangerous drugs including: Vioxx, Zetia, Vytorin, and others. Working to help victims of FQ injuries has been a natural continuation of our work in the field of consumer protection of dangerous drugs.
Cohen: What type of FQ-related injuries are you interested in representing?
McLean: We do not classify our FQ cases based upon the types of injuries people suffer. We're interested in hearing from a broad range of FQ victims with different types of injuries.
Cohen: What degree of injury must a person have for you to consider representing them? Disabled? Impaired? In pain?
McLean: There really isn't any qualifying or disqualifying degree of injury that we utilize to decide whether or not to accept a case. We have typically focused on helping individuals with tendon ruptures and/or nerve damage, but those are not limiting factors.
Cohen: Which FQ drugs are you focusing on?
McLean: Thus far, our investigation has been limited to Cipro and Levaquin, though we are considering cases associated with other fluoroquinolone antibiotics.
Cohen: Is there a specific time frame for the FQ-related injuries you are interested in?
McLean: The time frame varies from case to case. The reason for the variation is that the statute of limitations --the period of time in which a person must bring a lawsuit after suffering his or her injury--varies from state to state.
Cohen: Please tell us about your firm and your own work.
McLean: Our firm has typically worked on behalf of consumers injured by dangerous products. Our work is not limited to individual's harmed by dangerous drugs but has included representation of individuals harmed by a wide-range of dangerous products including tobacco products, dangerous toys and other defective products.
Cohen: If you agree to represent an individual, what happens next?
McLean: If we agree to represent an individual, we will meet and explain exactly what it means to bring a lawsuit. We will explain the general time frame for bringing a suit and provide some general guidelines and expectations. Our goal is to actively include our clients in the process and to ensure that they feel that they fully understand what is happening in their case.
Cohen: If you file a suit for a person with a FQ-related injury, the suit will be against whom? A doctor, a drug company, or …?
McLean: The list of defendants against whom a FQ suit will be brought will depend upon the facts of each individual case. In many cases, the victim's doctor, pharmacist and/or the drug manufacturer could be sued. However, the specific defendants is each case will be based upon the facts surrounding each individual's injury.
Cohen: If a victim of FQ-related adverse reaction decides to contact your firm, how can he/she be sure they will be treated well and receive accurate information?
McLean: Our firm has a common-sense reason for treating our clients well: We work for them. Like any business relationship, our clients have the ability to "fire" us at any time they choose if they are unsatisfied with the level of care and attention their case is getting.
Cohen: If a person contacts you but is not accepted as a potential client, what then?
McLean: Our goal is to ensure that potential clients get the resources they need. Many times, this may mean that we end up recommending they contact another firm that may better suit their needs. Regardless, we always try to present clear options so that all interested individuals, even ones that we don't ultimately take on as clients, feel comfortable with their choices.
Cohen: How committed is your firm to this undertaking?
McLean: Our firm has made a commitment to follow the FQ investigation wherever it leads. We have recently updated our website to reflect the fact that we are actively investigating fluoroquinolone-related cases and wish to speak with individuals harmed by these drugs. We are committed to ensuring that individuals who have been unreasonably harmed by FQ's have a clear understanding of their legal rights and further understand that our firm shares their commitment in seeking justice for these injuries.
Cohen: In the past, some FQ-injury victims have signed on with other law firms, only to be left hanging when the firms abandoned their lawsuits. How can a person be sure your firm won’t do the same?
McLean: All attorneys have a clear-cut ethical duty that prohibits them from taking a case and thereafter ignoring it. Put simply, a lawyer's license to practice law would be in jeopardy if he or she were to take on a case, ignore the file, then abandon the client. While each state's bar association has ethical obligations similar to this, the rule is considered to be universal and mandatory. We at HBSS take this rule very seriously. Our firm has made a commitment to follow the FQ investigation wherever it leads.
NOTE TO READERS: The purpose of this E-Letter is solely informational and educational. The information herein should not be considered to be a substitute for the direct medical advice of your doctor, nor is it meant to encourage the diagnosis or treatment of any illness, disease, or other medical problem by laypersons. If you are under a physician's care for any condition, he or she can advise you whether the information in this E-Letter is suitable for you. Readers should not make any changes in drugs, doses, or any other aspects of their medical treatment unless specifically directed to do so by their own doctors.
If you have questions about your medications or medical care, Dr. Cohen is available for consultation at his office or by telephone.
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