Many of us generally assume that if a drug or medicine is available for sale or to be prescribed, then it is safe to take. Drugs can be approved for sale if there is evidence they are effective at treating a specific condition, and the supposed benefits outweigh the known risks. Yet even beyond that, there are some unknown risks that may exist without anyone being aware, even your primary care physician at Baptist Health’s Doctors Hospital.
If you suffered an illness or injury due to a prescription or over-the-counter medication, contact a Coral Gables dangerous drug lawyer immediately. The respected personal injury attorneys at Werner, Hoffman, Greig, & Garcia have extensive experience obtaining generous compensation for people who suffer ill effects from medications.
If you were harmed by a dangerous drug, you can hold the manufacturer strictly liable under some circumstances. Under strict liability, the drug manufacturer will be responsible for paying your losses if you can prove that the drug was defective because of a problem in its design, manufacture, or marketing.
When a Coral Gables attorney prepares for a dangerous drug lawsuit, they review information that the company submitted to obtain approval of the drug, as well as other studies or applications concerning the medication. When there is evidence that the company did not use reasonable care to ensure safety before selling the product to consumers, and you can show that the drug caused you significant harm, you can sue the company for negligence.
The manufacturer can be liable for paying compensatory damages to cover your pain and suffering, out of pocket expenses (including medical), lost wages, and future losses. Florida Statute § 768.72 allows you to claim punitive damages if you can show the company prioritized profits over safety or if there is proof the manufacturer was grossly negligent.
When you believe a drug has harmed you, first seek medical attention from a health professional. Then contact a Coral Gables attorney at our firm immediately. We will review your medical history, search the medical literature, and scrutinize the Food and Drug Administration’s adverse events reporting to evaluate whether you have a strong case.
Proving a drug was defective or the manufacturer was negligent is a big undertaking. Sometimes an individual lawsuit is not a cost-effective way of holding a manufacturer accountable for the harm they caused you. Multi-district litigation, often called MDL or mass torts, is a more efficient way of handling lawsuits when a specific drug or class of drugs impacts many people.
In an MDL, a federal judge consolidates all lawsuits against the same defendants alleging injuries from the same product. A few of the claims will go to trial, and based on the results of those trials, the manufacturer may opt to settle all the lawsuits with each plaintiff proving their individual damages.
You have four years from the date of injury to file a lawsuit against a manufacturer if you are claiming the drug was defective. A shorter, two-year period may apply if you are claiming the manufacturer was negligent.
To prove a design defect, you must show that it is feasible to make an equally effective but less dangerous product. Proving a manufacturing defect requires you to demonstrate that an error in a specific production run caused a discrete quantity of the product to be defective. You can prove a marketing defect by showing that the manufacturer did not provide adequate warning of side effects, contraindications, or other necessary information.
Medications are supposed to cure you or at least relieve your symptoms, not make you more ill. Yet, sometimes they not only worsen your symptoms, but also put your life at risk. If your medication harmed you or you did not receive proper warnings, reach out to a Coral Gables dangerous drugs lawyer at our firm for help. You deserve compensation for the pain you and your family suffered because of the drug manufacturer’s negligence. Contact our office today to learn how we can help you get the justice you deserve.
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