Studies from the Mayo Clinic have found seven out of ten Americans take prescription drugs on a daily basis, placing the physical and mental health of millions into the hands of pharmaceutical companies. For this reason, pharmaceutical companies have a legal duty to produce products safe for human consumption, including both prescription drugs and over-the-counter medications.
However, if you experience a severe reaction to a dangerous drug, you may be able to hold the drug’s manufacturer responsible for the harm they have caused. An Okeechobee County dangerous drugs lawyer could help evaluate the effect of a defective or dangerous drug on your health and wellbeing and engage in legal action accordingly. Allow Kogan & DiSalvo’s team of dedicated personal injury attorneys to take the lead in protecting your future prospects and those of your family.
Just like any other company, drug manufacturers have a legal obligation to reasonably ensure the products they create are safe when used correctly. This means drug companies must properly test medications before selling them, a process which includes conducting long-term studies to determine side effects.
When drug makers fail to adhere to this responsibility and sell a defective product, patients who sustained harm can file a civil lawsuit for the harm faced. Filing such a suit allows those injured, referred to as plaintiffs, to seek compensation for the cost of medical care, lost wages, and even emotional distress connected to the incident. Dangerous drugs lawyers in Okeechobee County could help plaintiffs determine the full value of their injuries and fight for maximum compensation.
Before bringing a case to court, dangerous drug plaintiffs or their Okeechobee County attorneys must cite a cause of action. This cause may vary depending on the circumstances of a dangerous drug claim. However, one of the most common causes cited in dangerous drug claims is negligence.
For example, plaintiffs may allege that improper manufacturing technique qualifies as negligence on the part of the manufacturer. In this case, it could be that nothing was inherently wrong with the drug, but the way it was produced, packaged, or stored led to an injury.
Alternatively, following an investigation, Okeechobee County dangerous drug attorneys may be able to determine that the maker of a drug knew about the potentially harmful side effects and did not disclose these issues to the FDA, or the drug maker failed to conduct proper research. In cases such as these, an Okeechobee County dangerous drugs lawyer may suggest bringing a claim to demand compensation under products liability law.
Regardless of how a plaintiff chooses to pursue their claim, any claims related to defective drug injury are controlled by Okeechobee County’s statute of limitations. This law, enumerated in Florida Statutes §95.11, gives potential plaintiffs two years from the date of injury to file a claim for recovery. Those who fail to bring a claim forth in this time frame may lose their ability to seek recovery.
People have the right to expect a drug will perform its job without causing additional illnesses or harm. However, when drug makers fail to disclose the potentially dangerous side effects of a product or manufacture a drug in an unsafe way, people injured as a result have the right to seek compensation.
An Okeechobee County dangerous drugs lawyer could help protect you from negligent drug makers by demanding compensation on your behalf to offset medical costs, wages lost, and emotional distress suffered. While there is a limited time to file a claim, the attorneys at Kogan & DiSalvo are standing by to hear your claim and begin fighting for you. Call us today to set up a free consultation and discuss your case.