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Pharmaceutical companies are often driven by financial incentives to expedite the release of their products to market. However, this rush can lead to the distribution of drugs that pose serious risks to consumers. If you’ve suffered harm due to a defective drug recall or hazardous pharmaceutical product in Miami or its vicinity, seeking guidance from an experienced Miami injury lawyer is crucial. At Cecere Santana, PA, we are dedicated to advocating for your rights and holding responsible parties accountable for the harm they’ve caused. With our firm’s unwavering determination, we can help to secure the compensation and justice you deserve.
Assisting Victims in Defective Drug Lawsuits
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.
Defective Drug Recall Lawsuits Rely on Proving a “Defect”
The initial phase of a defective drug lawsuit in Miami involves establishing that the pharmaceutical product was indeed defective. Frequently, defendants neglect to sufficiently disclose potential side effects to patients, constituting a “failure to warn”. This failure to warn can be substantiated by presenting evidence of the manufacturer’s provided information. If the victim’s injury was either omitted or inaccurately described in this information, this crucial element of the claim may be satisfied.
Other Types of Drug Lawsuits
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.
Pharmaceutical Manufacturer Liability for Dangerous and Defective Drugs
It does not matter in a strict liability claim how much care a manufacturer actually took in making a drug. When a victim in Miami 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.
What Would a Successful Outcome Look Like for my Defective Drug Lawsuit in Miami?
Upon successfully proving a case involving a defective drug, whether grounded in strict liability or negligence, the victim is typically entitled to seek damages. These damages serve to compensate for a range of losses, including past and future medical expenses, as well as other forms of harm such as pain and suffering or lost wages resulting from missed work. In instances where the actions of the company are deemed particularly egregious, punitive damages may also be warranted.
Get Help From Experienced Drug Recall Lawyers in Miami, FL
At Cecere Santana in Coral Gables, our defective drug attorneys can help you or your loved one receive proper compensation for drug injuries. 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 Miami and other Florida communities, such as Sunrise, Coral Springs, West Palm Beach, and Fort Lauderdale. 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 a Cecere Santana Office Near You
- Plantation, FL
Our offices in Plantation allow us to provide legal services to the residents of Fort Lauderdale and surrounding communities within Broward County. - Coral Gables, FL
If you are located in Miami our closest office is in Coral Gables, where we serve Miami-Dade County.
