Defective Drugs

Miami Defective Drug Lawyer

If you or a loved one have recently faced illness or hospitalization due to a defective drug in Miami, Florida, you may be eligible for financial compensation.

Whether you are seeking help covering medical bills, lost income, or compensation for psychological damages, it is important to reach out to legal counsel as soon as possible when you find that you have been a victim of a defective drug.

At Fischer Redavid PLLC, our experienced lawyers will handle your case with care to ensure that you get your maximum compensation and that no one else has to suffer the way you have.

What is a Defective Drug?

A defective drug is something that violates the Food and Drug Administration’s regulations. There are three different classes of defective drugs, classified by the seriousness of their potential effects on consumers:

  • Class Three – These are the least severe of the defective drugs. These are unlikely to cause negative health effects but in some way, breach the FDA’s labeling or manufacturing procedure and are still required to be recalled.
  • Class Two – These defective drugs are more dangerous. They could pose a temporary threat to a consumer’s health, although it is not likely to cause fatal or long-term damage.
  • Class One – Class One defective drugs are the most serious. These defective drugs are liable to cause serious health problems if used, or possibly death. 

Unfortunately, even if the FDA and the drug manufacturer do everything right in terms of alerting the public and enforcing a recall, there is always a chance that someone will use or ingest a defective drug before they are informed of the danger. This can have severe consequences.

Additionally, some drugs that are considered defective are still on the market. While the commercials or labels for these drugs may contain warnings about possible adverse effects, that doesn’t necessarily mean that this information will reach the consumer in time.

The FDA recalls drugs when the risks begin to outweigh the benefits, but that’s not always timely or far-reaching enough to save lives.

Precedence in Defective Drug Cases

There have, unfortunately, been numerous cases over the years of defective drugs causing harm to people who have used them.

In the 1950s, a drug called Diethylstilbestrol (DES for short) was manufactured for pregnant women. DES is a synthetic version of the estrogen hormone, and was believed to reduce the chance of miscarriage and other pregnancy complications. 

After 20 years, it was discovered that the daughters of women who were prescribed DES during pregnancy were predisposed to a certain type of cancer. The FDA issued a warning to doctors in 1971. In 1980, those who had been affected by DES were able to successfully secure a settlement from the drug manufacturers, which was a landmark case at the time.

Another important case that defined the way the courts handle defective drug claims was that of the drug Rofecoxib, or Vioxx. It was found that not only did the drug cause an increased risk of heart problems but also the pharmaceutical company that developed the drug had intentionally skewed the statistics in favor of Vioxx. This drug impacted over 140,000 people.

Drug defects are well-documented, and in many cases, you may not be the only one hurt by this drug. While that doesn’t make your illness or injuries go away, it means you may have more evidence and grounds for a lawsuit. Reach out to a lawyer about gathering evidence about documented defective drugs if you’ve been injured. 

Damages Available to Miami Residents

If you or a loved one has suffered due to defective drug use, holding the responsible party accountable for their actions is only part of the goal. It is also your right to be compensated for your physical and emotional suffering.

Generally, compensation falls into two basic categories: economic damages and non-economic damages. Economic damages are losses that have a clear price attached to them, such as compensation for medical bills, loss of income during recovery, or loss of future income if your health is damaged to the point of affecting your ability to work.

Non-economic damages are a little trickier because they have no clear dollar amount attached. Non-economic damages include things like pain and suffering and emotional distress. These damages can be tough to calculate, and you may need help from a lawyer and their resources to calculate them accurately. 

Illness can cause trauma, even if you’re recovering quickly. For example, if you’re sick because a trusted professional gave you a drug that was supposed to be safe, and instead, it made you ill, you may now have anxieties about doctor visits.

In cases where the party at fault is found guilty of covering up information that caused harm to others, you may also be able to sue for punitive damages. Punitive damages are intended specifically to punish the guilty party and can include jail time.

Regardless of the type of damages you’re seeking, it’s vital to have a legal representative who knows how to calculate these damages. Attorneys who regularly see these cases have the best chance of ensuring that there are no loose ends and that you get your maximum compensation, for a minimal amount of stress.

Contact a Miami Defective Drug Lawyer Today

If you or someone you love has suffered injuries or illness due to the use of a defective drug, don’t wait. The sooner you seek out legal counsel, the sooner you will be able to get the compensation you deserve and move on with your life.

Even if you feel comfortable with your financial state, it is also vital to hold the guilty party accountable for their actions or inactions so that no one else suffers from the same defective drug again.

At Fischer Redavid PLLC, these compassionate attorneys regularly handle defective drug cases and are experienced in getting the maximum possible compensation for their clients. 

Call today for a free consultation, and let us be your guide on the path to justice.

Who is Responsible for Defective Drugs?

Drugs must go through many layers of manufacturing, quality testing, and distribution before they hit the shelves in supermarkets and pharmacies. The mistake that makes a drug defective can occur at any stage in this chain, meaning that the liable party may not be clear-cut at first.

Because liability may include not only multiple companies and locations but also numerous employees, it can feel impossible to untangle who is liable for the harm you’ve suffered from a defective drug. That is why it’s important to have legal counsel that has the experience and is willing to do the hard work to uncover the truth of the matter.

There are a few major categories that defective drugs fall into when it comes to liability. Here’s what you can expect and who may be responsible in your case. 

Manufacturing Defects

Drugs that are incorrectly manufactured or tainted by a harmful substance are the first category. 

The liability in this case can be unclear, especially if it is not obvious where the mistake was made. The drug could become tainted at any point in the chain, from the initial manufacturing to the delivery, to the moment it’s bottled at the pharmacy. 

Because of this, the manufacturer is often the person liable for any harm caused by the drugs. However, other parties like a pharmacist may have caused issues with your medication. You and your lawyer may need an expert witness to determine this. 

Design Defects

Drugs that are correctly manufactured, but are later found to have harmful side effects are the second category. Sometimes, these drugs can be on the market for years before their harmful side effects are discovered. 

In these cases, quality testing labs may have failed to notice issues with the way the drug functions. Worse, they may have intentionally covered it up. 

Marketing Defects

Drugs that are manufactured correctly but labeled incorrectly can also be dangerous. Drug labels must contain instructions for use, recommendations, and warnings of possible side effects. If this information is missing or incorrect, even if the drug itself is intact, it is a defective product. If the consumer doesn’t have access to the correct information, they are being put at risk.

Often, liability for this falls on the salespeople or companies who provide the labeling and packaging of these products. They’re responsible for ensuring all warnings are clear and present on the packaging. 

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