Pharmaceutical companies have many financial incentives to get their products to market as quickly as possible. Unfortunately, their haste often results in dangerous drugs being prescribed to consumers. If you were hurt by a recalled or dangerous pharmaceutical product in Fort Lauderdale or the surrounding area, an experienced injury lawyer can help you take legal action against the company responsible. At Cecere Santana, PA, we have the tenacity to assert your rights.
South Florida Drug Recall Cases Rely on Proving a Defect
In Florida, defective drug cases are essentially a type of product liability claim. They are often brought under a theory of strict liability, although other theories may apply as well.
The first step consists of showing that the drug was defective. In many cases, the defendant failed to adequately inform patients of the possible side effects of a pharmaceutical product. This is called a failure to warn, and it may be a defect sufficient to support a product liability claim. A failure to warn can be proven by introducing into evidence the information provided by the manufacturer. If the victim’s injury was not included or not accurately described, this element may be met.
In other instances when a “bad batch” of a drug was responsible for the victim’s injury, the drug may have had a manufacturing defect. This happens when an item does not conform to its intended design because a problem arose during the process of making it. Design defects, by contrast, arise when the intended form of the drug is flawed.
It is also important to prove that the product was being used as intended or in a foreseeable manner. Thus, the victim will have to show that he or she was taking the drug according to the manufacturer’s instructions or in some other way that was reasonable.
It does not matter in a strict liability claim how much care a manufacturer actually took in making a drug. When a victim brings a negligence claim after a drug recall, however, he or she has the burden of showing that the manufacturer failed to use the appropriate level of care that it reasonably should have been expected to use in the circumstances. The defect also must have directly caused the victim’s injuries and forced him or her to incur quantifiable damages. Negligence claims can be brought in conjunction with strict liability claims, so an injured consumer does not need to choose between them.
Upon successfully proving a case involving a defective drug, whether based on a theory of strict liability or negligence, a victim is generally entitled to recover damages to compensate for past and future medical expenses as well as other types of harm, such as pain and suffering or lost wages caused by missed time from work. In some cases, when a company acts in a particularly egregious manner, punitive damages may be appropriate as well.
Consult a Fort Lauderdale Lawyer to Hold a Pharmaceutical Company Accountable
Seeking compensation for injuries caused by a dangerous drug can be a complicated endeavor. It requires a deep understanding of the underlying science and experience trying cases against pharmaceutical companies. The product liability attorneys at Cecere Santana, PA have the skills and resources necessary to help residents of Fort Lauderdale and other Florida communities, such as Sunrise, Coral Springs, and West Palm Beach. if you have been hurt by a defective drug, you can schedule a free case evaluation with us by calling 800-753-5529 or completing our online form.
Visit your nearest Cecere Santana office today.
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