When we go to the doctor’s office, we trust that he knows what he’s doing. If he prescribes a medication to us, we go to the pharmacy and get it. We may ask if there are any side effects or special instructions. However, we don’t expect that this drug is going to make us sicker or even kill us.
When a new drug comes on the market, it has been through a lot of testing. The FDA won’t approve a drug unless it passes rigorous testing. However, there are times when all the testing in the world doesn’t tell us what we need to know about a drug.
Drugs may interact with other chemicals and there is no way to pick up on that in testing. Certain people may react differently to a drug. FDA testing is just one safeguard to help keep safe products on the market. There is never a guarantee.
If you are harmed by a dangerous drug or a loved one dies, you are going to need a personal injury lawyer in Fort Walton Beach, Florida. These types of cases fall under product liability. Personal injury lawyers handle these types of cases. You want to make sure you choose an experienced attorney. There is simply too much at risk to handle this yourself.
Dangerous Drug Settlements in Florida
When dangerous drugs harm people, personal injury lawyers work hard to make the drug manufacturers pay. There are times when the manufacturer has no idea that their drug is harming people. However, the law holds them responsible for any injuries caused by their drugs. They are expected to put safe drugs on the market. When they don’t do this, they are held liable.
There are other times, however, when a manufacturer is well aware that their drug is hurting people. They sometimes decide to wait until enough people sue to pull the drug from the market. As horrifying as this may be, it is a fact. Personal injury lawyers do the research necessary to prove your case.
Some of the well-known dangerous drug cases in recent years involve:
If you or your family member took these medications and were injured, you may have a case. Your lawyer will work with your doctors to determine if you have been injured. Also, if you have been injured, you need to be able to prove that the drug caused the injury.
Personal Injury Attorneys in Florida Hold Manufacturers Accountable
There are different types of dangerous drug cases. Florida personal injury lawyers handle them all. All dangerous drug cases are based on the same thing: a company made a drug, you took that drug, and you were hurt. There are a few common types of drug cases:
- Failure to warn/improper instructions on medication – a lot of drugs are prescribed for something other than their intended use. For example, Wellbutrin is an anti-depression drug that was marketed as a smoking cessation drug. It is important that all instructions and warnings are conveyed to the consumer.
- Bad design – some drugs work the way they are intended, but they come with a ton of negative side effects. These side effects make the drugs dangerous for consumers.
- Drug manufacturing defects – the drug design may be safe, but the drug was not made the right way. For example, if Tylenol was laced with cyanide at the manufacturing plant, it would be a defect.
Your Product Liability Lawyer in Fort Walton Beach Will Sue All Potential Defendants
The drug manufacturer isn’t the only party your lawyer will pursue. Depending on your case, you may have a case against many parties. Your Fort Walton Beach lawyer will file a lawsuit against a:
- Lab that tested the drug
- Doctor who prescribed the drug
- Hospital that prescribed or administered the drug
As far as the manufacturer is concerned, they are strictly liable. This means that, no matter how the drug got to you, they are responsible for any damage the drug caused. The pharmacy is also named in a lot of drug cases because they are the last entity who could have warned you. The doctor and hospital are obvious defendants if they are the people who told you to take the drug.
Keep in mind, you may not recover from all or any of these parties. The court or judge will determine who is at fault if anyone. You also have to actually suffer an injury. Just because a drug was deemed dangerous in another case doesn’t mean you were harmed by the drug.
If you or a loved one have been hurt by a dangerous drug, contact a product liability attorney in Fort Walton Beach today. The initial consultation is free. You can ask any questions you may have and find out if you even have a case. You pay nothing until you win your case.