Miami Drug Injury Attorney
Drug Manufacturers Have Responsibilities
Every drug that comes onto the market must go through the Development and Approval process by the Food and Drug Administration. Drugs must be tested and the manufacturer of the medication must prove the drug is safe and effective for its intended use. The benefits of the medication must outweigh known risks and any potential side effects must be reported to doctors and patients so an informed choice can be made on whether to prescribe or take the treatment. Unfortunately, drug manufacturers sometimes fail to fulfill their responsibilities. When this happens, victims have many legal arguments they can make to obtain compensation. Victims can recover monetary damages for a drug injury by proving:
- A failure to warn: The drug manufacturer did not provide adequate warning of side effects.
- The drug caused harm when used as intended: Drug manufacturers are strictly liable and thus can be responsible for drug injuries even without any negligence.
- Negligence: Drug companies are responsible for carelessness or negligence in the design, manufacture, marketing or distribution of a medication.
- Breach of express or implied warranty
Steinger, Greene & Feiner can review the facts and circumstances of a drug injury to help you determine which legal arguments will give you an optimal chance of obtaining compensation.
RELENTLESS LEGAL REPRESENTATION FOR MIAMI INJURY VICTIMS
A personal injury can occur in a variety of ways, but almost all have the same results in common. Suddenly, your life is disrupted and possibly jeopardized physically, emotionally, and financially by an accident or incident which could have been prevented.
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Taking Legal Action after a Drug Injury in Miami
Patients harmed by a drug injury can sue in state court in Florida and recover compensation if they can prove their case. It is also common for defective-drug cases to be filed in a federal court since the drug manufacturer may be located in a different state. While many plaintiffs make individual claims and either sue or settle with the pharmaceutical company, other victims become part of mass torts. This means that you may:
- Become part of a class action: You will give up control of your claim and your case will be joined in one big claim with many other people who suffered a similar harm as a result of the same drug.
- Have your case consolidated into a multidistrict litigation (MDL): Your case may be combined with many others to one court to be presided over by the same judge. You still retain your independent case, but the judge’s decisions on pre-trial issues will apply to all claims.
Deciding whether to settle, become part of a mass tort, or take your own case to court can be a difficult choice. Miami drug injury lawyers at Steinger, Greene & Feiner are experienced in all types of defective drug cases and can help you with your claim. Call today to speak with a member of our legal team to schedule your free consultation and learn more about your legal options.
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