Helping Drug Injury Victims in Florida
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YOUR RIGHTS AFTER A DRUG INJURY OCCURS
Claims against drug manufacturers arise from product liability laws. Manufacturers are held strictly liable if the products they sell cause harm when used as intended. This means that regardless of whether a manufacturer of a medication is negligent or not, the drug company can be held responsible if patients suffer unexpected or excessive harm due to taking the drug. The Wall Street Journalreports that some courts are now allowing patients to take legal action against the manufacturers of brand-name medications even if a patient was prescribed a generic version of the drug. The laws are broad in order to ensure that drug companies are very careful in conducting tests, warning the public of side effects and doing everything possible to ensure patients do not suffer serious harm. Unfortunately, problems still occur and patients are still injured as a result of dangerous drugs. Victims should be fully compensated for resulting losses including:
- The costs of any medical treatment necessary due to an injury or illness caused by a defective medication
- Loss of income/earning potential if the side effects of the dangerous drug limit the ability to work
- Pain and suffering resulting from the drug injury
- Emotional distress
- Wrongful death of a family member because of a drug injury
The compensation for a drug injury is often, but not always, obtained through an out-of-court settlement, through a class action or through multidistrict litigation. Steinger, Greene & Feiner can advise clients on the best approach to take and can help pursue the appropriate legal action.
THE CONSEQUENCES OF DANGEROUS DRUGS
When a drug turns out to be dangerous or cause unexpected side effects, you may be seriously hurt or your life may be cut short. There are a huge number of drugs that have turned out to cause risks that patients were unaware of or that have risks that outweigh benefits. Some of the possible consequences of a drug that turns out to be dangerous can include:
- Increased risks of certain cancers
- Increased risk of cardiac problems or stroke
- Birth defects
- Kidney, liver or organ failure
These are just a few potential outcomes that a dangerous or defective drug may cause. In many cases, the most challenging part of a drug injury case is proving that the medication was actually the cause of the condition you’ve developed. Cancer and stroke, for example, have multiple causes and proving the link between the medication and heart problems can be difficult. If the drug was recalled by the Food and Drug Administration, it may be easier to make your case. The FDA has a list of Recalls, Market Withdrawals and Safety Alerts that should be consulted.
HOW TO FILE A DRUG INJURY LAWSUIT IN FLORIDA
When a drug turns out to be defective or causes unexpected side effects, you can pursue a claim for compensation. Under strict liability rules, you do not have to show that the drug manufacturer was negligent in producing or selling the drug. You can obtain compensation if you can show that you used the medication as intended and you experienced unexpected serious complications or problems as a result. You may also make a damage claim if you can prove that the drug company had an obligation to warn you about the dangers of the drug and failed to do so. There are different kinds of evidence you may use to make a drug injury claim, including but not limited to:
- Food and Drug Administration recalls
- Medical studies showing that a drug causes complications
- Expert testimony
- Emails and internal documents from drug companies
In many cases, the information that you need to prove your case will come from scientific experts or from data that the drug company has. Your attorney will help you find witnesses to testify on your behalf and can help you to get records from the drug companies that can be used to prove the drug maker was liable for the damage you’ve endured.
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When a drug turns out to be dangerous, it is likely that many thousands of patients will have been harmed by the medication. As a result, mass tort cases are common. You may be able to recover compensation as part of a class action or a multi-district litigation, as well as by pursuing an individual state or federal claim. Determining the best approach to pursue your case can be complicated and you need to make sure you understand all of the legal options available to you. At Steinger, Greene & Feiner, our attorneys know the ins and outs of defective drug litigation. We have represented clients in mass tort cases as well as in individual damage claims and settlement negotiations. Our goal is always to maximize your chances of getting the money you need to cover the losses the drug has caused. To learn more and to request a free evaluation of your drug injury case, call or contact us at one of our offices in Miami, West Palm Beach, Fort Lauderdale, Port St. Lucie, Fort Myers, Orlando, Okeechobee or online today.
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