Technological advances in drug therapies can cause injurious side effects that make these drugs dangerous, particularly if the drug maker does not warn about all of the side effects. Those who have sustained an injury using prescription drugs should promptly seek comprehensive legal representation, such as the services of the Stuart dangerous drug lawyers. Call us today at (772) 888-9085 to schedule a free initial case consultation.
Every year, patients suffering from harmful drug side effects number four million, and of those, 117,000 require hospitalization, according to the US Food and Drug Administration. These incidents include patients who take several prescription drugs. Mixing them can be dangerous.
A study reported in the Journal of General Internal Medicine stated that doctors are often not informed that a drug has dangerous side effects by the pharmaceutical salespeople who visit them. The study was conducted among physicians in the United States, Canada, and France. New drugs may have adverse side effects, but some of those may not be known until long after the drug is in use.
Generally, the most dangerous drugs are for treating cancer, heart disease, or for thinning blood. These are the most dangerous drugs, according to Life Sources, Inc., a preventative health organization.
A Stuart dangerous drug lawyer can use Florida’s product liability statute to sue companies that manufacture harmful drugs. The statute allows one of two approaches, depending upon the situation involved in the case, negligence or strict liability.
Florida uses the negligence doctrine to hold the drug manufacturer liable for the harm caused. Drug companies have a legal responsibility not to cause harm to the people who use their drugs. Failing to uphold that duty is a negligent act and damages can be awarded.
The strict liability doctrine automatically holds the pharmaceutical company liable for damages without proving the company was negligent. Strict liability can be proven in one of three ways, the design of the drug, its manufacturing, or marketing (failing to place warnings on the label).
Typical damages are medical care costs resulting from the harm caused, including surgeries, loss of income for the time the patient could not work, and future income if the harm is long-lasting. Other than these financial damages, the patient can claim pain and suffering, emotional distress, and mental anguish.
A Stuart dangerous drug lawyer encourages those who are harmed by a dangerous drug to call them to have their case reviewed. At the meeting, the lawyer can evaluate the circumstances of the harm caused and can tell if the individual has a valid case.
The FDA is responsible for regulating pharmaceutical companies and for approving new drug therapies. The agency can “request” that drug companies recall drugs or can recall drugs by statutory law. In 2011, the FDA began a pilot program to notify patients when a drug is pending recall either by the FDA or voluntarily by the drug company. The list of pending drug recalls is published on the FDA’s website. Critics of the FDA accuse the agency of failing to take dangerous drugs off the market and for bending to pressure from the pharmaceutical industry, the public, and politicians.
If you have suffered injuries because of a dangerous drug, our injury lawyers at Kogan & DiSalvo could help. We can advise you of your legal options and ensure your rights are protected throughout the entire claims process. Contact us today to schedule a free initial case consultation.