Find a dangerous drug lawyer in Scottsdale: who to call, what to report and what limits a claim
For a bad reaction, the Banner Poison and Drug Information Center answers medication questions free, 24/7, at 800-222-1222. You can report the problem to the FDA yourself, because your doctor does not have to. Arizona's deadline to sue is generally 2 years, and federal law limits some drug and device claims.
Last checked November 9, 2026 · Official sources (32)
Who do you call first after a bad reaction to a medicine in Scottsdale?
If your life is at risk right now, dial 911 first. For questions about a reaction, the Banner Poison and Drug Information Center in Phoenix gives free phone help 24 hours a day. It takes calls about medication reactions and questions. The toll-free number is 800-222-1222.
Do not stop a prescribed medicine on your own because of a recall notice. Stopping can be more harmful than taking it until you talk to your doctor.
How do you report a drug or device problem and check for a recall?
- Keep the bottle, the box and the pharmacy label. Write down the lot number.
- Compare the lot number with any recall notice. Many recalls are not announced on FDA.gov or in the news.
- File a report with the FDA's MedWatch program. A patient can fill out the online form without a doctor.
- Do not count on your doctor to do it. A health care provider is not required to report.
- For a device, manufacturers and device user facilities must report to the FDA.
Under a Class I recall, the FDA sees a reasonable probability of serious harm or death. A report helps the FDA see a pattern, but reports alone cannot prove that a product caused your injury.
Can you sue a drug or device maker from Scottsdale?
Sometimes. Federal law decides a lot, depending on what kind of product it was.
| Product | What federal law says | What it means |
|---|---|---|
| Brand-name drug | The maker is responsible for its label at all times | Warning claims turn on what the label said |
| Generic drug | The label must match the brand's | Design claims that turn on warnings are pre-empted |
| Device with premarket approval | Common-law claims challenging safety are barred | Those state-law safety claims are barred |
| Device cleared through 510(k) | The process looks at equivalence, not safety | Clearance does not by itself show the device is safe |
Vaccines are different. A federal no-fault program handles vaccine injury petitions. Ask a lawyer which path fits your product before you decide anything.
What do Arizona's rules mean for a drug injury claim?
Four rules matter most. The deadline to sue follows the 2-year injury statute. Arizona's courts struck down the older 12-year product cutoff. A maker of an FDA-approved drug is generally not liable for punitive damages, unless it knowingly withheld or misrepresented information to the FDA. And Arizona's constitution bars caps on injury damages.
If several companies share blame, each Arizona defendant pays only its own percentage. That is one reason to name every maker, seller and prescriber early. For a disputed case under $50,000, Maricopa Superior Court sends the case to mandatory arbitration.
Where do you get your medical records and who watches your doctor?
If you were treated at HonorHealth, request your records through its form; copy fees may apply. Providers must act on a records request within 30 days. The Arizona Medical Board takes complaints about doctors at 1740 W Adams St, Suite 4000, Phoenix and toll-free at (877) 255-2212. A complaint does not replace a lawsuit.
If Medicare paid for your treatment, it must be repaid from a settlement. Providers may also have a lien on an injury recovery.
Questions
How long do I have to sue over a dangerous drug in Arizona?
Usually 2 years, counted from when the claim accrues.
Can I sue the generic drug maker in Scottsdale?
It is harder. Federal law requires a generic label to match the brand, and claims turning on warnings are pre-empted.
Will my doctor report the reaction?
Not necessarily. A health care provider is not required to report to the FDA, so file your own MedWatch report.
Is there a cap on damages in Arizona?
No. A drug injury claim has no damage cap to hit, because the state constitution bars caps on injury damages.
Dangerous drug or medical device in Scottsdale? See if you are owed money.
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See if I’m owed moneySources (32)
- Banner Health, checked 2026-11-09. “For poison emergencies or questions, call toll free: 800-222-1222”
- FDA MedWatch, checked 2026-11-09. “you may complete the Online Reporting Form yourself”
- FDA MedWatch, checked 2026-11-09. “Your health care provider is NOT required to report to the FDA.”
- A.R.S. § 12-542, checked 2026-11-08. “within two years after the cause of action accrues”
- FDA, checked 2026-11-09. “stopping your medicine may be more harmful to your health than continuing to take the recalled medicine”
- Supreme Court, Mutual Pharmaceutical v. Bartlett (2013), checked 2026-11-09. “State-law design-defect claims that turn on the adequacy of a drug's warnings are pre-empted by federal law under PLIVA.”
- Supreme Court, Riegel v. Medtronic (2008), checked 2026-11-09. “bars common-law claims challenging the safety or effectiveness of a medical device marketed in a form that received premarket approval from the FDA”
- Ariz. Const. art. 18, § 6, checked 2026-11-09. “the amount recovered shall not be subject to any statutory limitation”
- Banner Health, checked 2026-11-09. “Banner Poison and Drug Information Center provides free, 24/7 assistance by phone.”
- Banner Health, checked 2026-11-09. “Medication reactions or questions”
- FDA, checked 2026-11-09. “check the lot number on the label of your medicine”
- FDA, checked 2026-11-09. “not all recalls are announced on FDA.gov or in the news media”
- FDA MedWatch, checked 2026-11-09. “program for reporting serious reactions, product quality problems”
- FDA, checked 2026-11-09. “manufacturers, device user facilities, and importers) are required to submit to the FDA”
- FDA, checked 2026-11-09. “Class I recall: a situation in which there is a reasonable probability that the use of or exposure to a violative product will cause serious adverse health consequences or death.”
- FDA MAUDE, checked 2026-11-09. “cannot be determined from this reporting system alone”
- Supreme Court, Wyeth v. Levine (2009), checked 2026-11-09. “the manufacturer bears responsibility for the content of its label at all times”
- Supreme Court, PLIVA v. Mensing (2011), checked 2026-11-09. “violated the federal requirement that generic drug labels be the same as the corresponding brand-name drug labels”
- Supreme Court, Medtronic v. Lohr (1996), checked 2026-11-09. “process is focused on equivalence, not safety”
- HRSA, checked 2026-11-09. “is a no-fault alternative to the traditional legal system for resolving vaccine injury petitions”
- A.R.S. 12-551, checked 2026-11-09. “shall be commenced and prosecuted within the period prescribed in section 12-542”
- Arizona Supreme Court, Cronin v. Sheldon (1999), checked 2026-11-09. “Hazine declared unconstitutional the same statute of repose that Bryant upheld”
- A.R.S. 12-701, checked 2026-11-09. “is not liable for exemplary or punitive damages if the drug alleged to cause the harm”
- A.R.S. 12-701, checked 2026-11-09. “knowingly, in violation of applicable federal food and drug administration regulations, withheld from or misrepresented”
- A.R.S. 12-2506, checked 2026-11-09. “Each defendant is liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault”
- Maricopa County Superior Court, Arbitration, checked 2026-11-08. “Compulsory Arbitration is a mandatory program for disputes valued under $50,000.”
- HonorHealth, Request Medical Records, checked 2026-11-08. “Copy fees may apply.”
- 45 CFR 164.524, checked 2026-11-09. “no later than 30 days after receipt of the request”
- Arizona Medical Board, checked 2026-11-09. “1740 W Adams St, Suite 4000 Phoenix, AZ 85007”
- Arizona Medical Board, checked 2026-11-09. “(877) 255-2212”
- CMS, checked 2026-11-09. “it must be repaid to Medicare when a settlement, judgment, award, or other payment is made”
- A.R.S. § 33-931, checked 2026-11-09. “is entitled to a lien for the care and treatment or transportation of an injured person”