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When taking medication to make you feel better, the last thing you should worry about is whether that doctor-prescribed drug could make you worse. While drug companies and the FDA do their best to ensure consumer drugs are safe and work as intended, sometimes things go wrong.
If you or someone you know has suffered from defective drugs or other defective medical devices, the personal injury lawyers and Denmon Pearlman want to help. Bad drug lawsuits can be complicated with class-action lawsuits, big company defense lawyers, and dealing with insurance companies and hospitals. Let us help you get a fair settlement for your case.
Below, we will talk about bad drug laws and your rights in the case of recall or harmful medication. We will also cover liability and why you need a Florida defective drug lawyer.
Drug Liability Explained
Drug companies are responsible for designing safe medicine, testing them thoroughly, and properly informing consumers of their uses and risks. Negligence in doing so can result in issues including inconvenience, injury, and even death. Drug manufacturers must get FDA approval for their products and manufacture and market them accurately.
Doctors are responsible for prescribing proper medication. A medical professional must weigh the risks and benefits of a drug before recommending it to a patient. Failure to do so may be considered medical malpractice.
Lastly, pharmacists must distribute the correct dosages of prescribed medications and answer any questions about proper usage. If any of these parties fail to meet their obligations, they may be liable for damages. Contact a defective drug lawyer in Florida to learn more.
Legal Claims in a Medicine Recall Lawsuit
Drug recalls fall into three categories based on severity. Each has different rules for warning announcements.
refers to minor cases such as mislabeling or other scenarios that are not of significant concern. There should be no harmful risks in these cases.
recalls are for defective products that may cause adverse reactions but not serious medical concerns or anything life-threatening. The potential health risk is low but present.
defective drugs are serious and may involve toxic chemicals or possible allergic reactions that could be serious or even lead to untimely death. Examples might include heart conditions or birth defects.
In any case, the manufacturer is responsible for informing the public and customers of recalls. What methods are considered satisfactory depends on the severity of the recall. If you were taking a drug before the recall or were not informed of the recall sufficiently and suffered from taking the defective medication, you might be liable for compensation.
Injuries Caused By Dangerous & Defective Drugs
Defective drugs can cause any number of injuries or complications. Medications of all types cause side effects ranging from benign to severe. Drug manufacturers must disclose all potential side effects and perform adequate testing to ensure there are no other unintended effects of using their product. Failure to do so can result in a lack of treatment, pain and suffering, or even death.
For example, a drug manufactured without an active ingredient or mislabeled may not provide the treatment intended resulting in health deterioration in patients expecting the medicine to work. Likewise, a medication manufactured with too many active ingredients could cause dangerous side effects or even overdose and wrongful death.
Who May Be Liable for My Injuries?
In most cases, the product manufacturer is responsible for defective drugs. This is often the same drug company that designed the product and began distributing it to the public. Whether the product was made faulty in manufacturing, had poor design and documentation, or resulted in unexpected harm, the drug maker is usually liable.
A doctor or pharmacist may be liable for medical malpractice if they wrongfully prescribed a medication. In these cases, the statute of limitations is two years from the discovery of the issue.
The FDA’s Responsibility
The FDA is charged with reviewing and approving medication before they go on the market. They approve specific uses for different drugs based on purpose, side effects, and results of trials. However, the administration is imperfect, and most liability still falls to the manufacturer. While FDA approval is essential for prescription drugs and medicine, unforeseen complications and harmful side effects are still possible with FDA-approved drugs.
How Drugs Are Proven ‘Defective’
Medication can be defective in a number of ways. Typical cases of faulty drugs include:
- Errors in labels or marketing
- Incorrect dosages
- Undisclosed side effects
- Design defects
- Manufacturing defects
- Failure to follow regulations
If you can prove that a drug you took caused harm or other losses involving any of the above conditions, you have a strong case. Contact a personal injury lawyer to help you recover your maximum settlement.
Types of Defective Drug Cases We Handle
If you have suffered for any reason from a defective, wrongfully prescribed, or erroneously labeled or marketed medication, contact us immediately for a free consultation. We handle virtually all types of personal injury and product liability, including defective drugs. We can also tell you if there are existing class-action lawsuits or mass torts you are eligible for.
What Does a Defective Drug Lawyer Do?
A defective drug lawyer (also known as a pharmaceutical lawyer) knows the ins and outs of defective medication lawsuits. They can help you through the process of filing your product liability claim or joining a class action lawsuit (or mass tort). A personal injury attorney will fight to get you the maximum settlement you deserve for your case, so don’t settle for a low offer from the responsible company.
Contact a Florida Defective Drug Attorney Today
If you or someone you know has suffered harm or other damages from a defective drug, don’t hesitate to contact an attorney and take legal action. Class-action lawsuits are common in these cases, and you may have a reduced period of time to receive compensation. Don’t miss your chance to recover damages!
The experienced attorneys at Denmon Pearlman know how to handle defective medical product cases, whether class-action, mass torts, or individual cases. Our defective drug attorneys will fight to get you every penny you deserve in the event of personal injury or other losses.
We have your back. Whatever you might be suffering from, accidents, injuries or medical malpractice, we have you covered throughout Florida
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