Prescription drugs are incredibly powerful. They can treat infections, cure disease, and have the potential to increase a patient’s quality of life. However, they can also be very dangerous. Drug manufacturers cannot sell their products without approval from the Food and Drug Administration. This ensures that medication, if properly manufactured, is safe for its intended use. However, each year, there are dozens of defective drugs that get pulled from the shelves. If you or a loved one took medication that you later learned was recalled, you may be entitled to monetary compensation. At the South Florida personal injury law firm of Friedman Rodman Frank & Estrada, our knowledgeable team of attorneys has over 100 years of combined experience helping patients recover compensation for injuries caused by defective drugs.When Are Manufacturers Liable for Their Defective Drugs?
Defective medication lawsuits fall under the legal theory of product liability. Generally speaking, under this theory, manufacturers are strictly liable for any injuries caused by their product. Thus, unlike other types of personal injury cases, you do not need to prove that a manufacturer was negligent. Instead, you must prove:
- The drug contained some type of defect;
- The defective drug causes your injuries; and
- You suffered legally recognizable damages after taking the drug.
There are several ways to prove that a drug was defective. First, you can show that the drug suffered from a design defect. A design defect refers to a flaw in how a pharmaceutical company developed the drug. For example, a medication may have unanticipated side effects that were not caught during the FDA approval process.
The second way to show a drug was defective is to prove that it was defectively manufactured. A manufacturing defect occurs when a certain batch of medication is defective based on how it was manufactured. In other words, in theory, the drug should be fine to consume, but because of a problem during the manufacturing process, it is defective.
The final way to prove a defective drug lawsuit is by illustrating that the manufacturer failed to warn patients about a known hazard the drug presents. Most often, this involves a company’s failure to disclose side effects or harmful drug interactions.
However, proving that a drug was defective is just one step in pursuing a defective drug lawsuit; you must also show that there was a link between your consumption of the drug and your injuries. In most cases, to meet the causation element, you will need to call an expert witness who can testify that, in their experience, your symptoms are the result of the defective drug.Do You Need a Lawyer for a Defective Drug Lawsuit?
The assistance of a skilled South Florida personal injury attorney will not only make the recovery process much easier on you and your family, but will also increase your claim’s likelihood of success. Lawsuits involving defective drugs rest at the intersection of law and science. These claims often raise very complex issues, both related to whether the product was indeed defective and whether it caused your injuries. A defective drug lawyer will know which type of expert to call to help position your case for success. They will also be able to effectively negotiate with the pharmaceutical company or their insurer on your behalf.Contact the Knowledgeable Miami Defective Drug Attorneys at Friedman Rodman Frank & Estrada Today
If you or someone you love recently suffered serious injuries after taking a defective medication, Friedman Rodman Frank & Estrada is here for you. We’ve assembled a highly respected team of South Florida personal injury lawyers who are dedicated to holding pharmaceutical companies liable for their dangerous products. We offer all clients a free consultation, during which we will candidly answer all of your questions and give you an honest assessment of your case. And because we take defective medication lawsuits on a contingency basis, we will never charge you for our legal representation unless and until we can recover compensation on your behalf. We also represent clients in medical malpractice claims and defective medical device claims. To learn more about the services we provide and to schedule a free case evaluation, contact us at 877-448-8585. We represent patients throughout South Florida, including but not limited to Miami, Miami Beach, Naples, Homestead, Fort Lauderdale and Orlando.