Millions of people across the U.S. and Florida rely on medications to help manage their health conditions and improve their quality of life. Unfortunately, some of these drugs have hidden dangers that can have devastating health effects, including blood clots, bone fractures, cancer, birth defects, organ failure, heart attack, stroke, and even death.
If you or a loved one has suffered an unexpected health problem after taking a prescribed or over-the-counter drug, please know that you don’t have to suffer in silence.
At Redondo Law, we offer free consultations so you can share your story and ask questions in a safe, judgment-free space. Together, we can assess your situation and discuss your potential legal options.
Let our experienced Miami dangerous drug lawyers help you get the justice and compensation you deserve after an injury or illness caused by a defective drug.
Schedule your free consultation today.
How likely is it to get serious side effects from medication?
Severe side effects from medication are probably far more common than most people realize.
According to the Centers for Disease Control and Prevention (CDC), adverse drug events lead to around 1.3 million emergency room visits in the U.S. annually, with approximately 350,000 of those patients requiring hospitalization for further treatment.
What are high-risk medications?
The term “dangerous drugs” refers to medications released by pharmaceutical companies that have proven to be dangerous to consumers’ health. Some of the most common drugs known to be defective or otherwise unsafe include:
- Accutane (and non-commercial affiliates)
- Actos
- Avandia
- Bextra
- Darvon
- Depakote
- Depo-Provera
- Elmiron
- Fentanyl
- Fosamax
- Granuflo
- Heparin
- Januvia
- Lipitor
- Ortho Evra
- Oxycontin
- Paxil
- Pradaxa
- Que She
- Reglan
- ReNu
- Seroquel
- Trasylol
- Vioxx
- Vytorin
- Wellbutrin
- Yaz
- Zantac
It’s important to note that there are many other drugs on the market that are known to cause serious health conditions that are not on this list. Any individual who experiences a serious side effect from these or any other medications has the right to pursue a lawsuit if they believe the drug had a negative impact on their health.
Additionally, the same rights apply to defective or dangerous medical devices such as joint replacements, implants, or hernia mesh (to name just a few).
If you have questions about whether or not your situation warrants a lawsuit, the best course of action is always to consult with a local attorney who has experience in cases against drug manufacturers to get an honest and straightforward evaluation of your case.
When can patients sue drug companies?
The key to suing a drug company after developing side effects from a defective drug is proving negligence. Negligence refers to the company’s failure to exercise reasonable care in the development, testing, manufacturing, or marketing of a drug.
To prove negligence, patients must demonstrate that the drug company owed them a duty of care, breached that duty, and caused them harm as a result.
Examples of negligence that could qualify for a defective drug lawsuit include:
- Defective manufacturing. These are errors in the drug’s production process, such as contamination or incorrect dosing, that make the medication dangerous.
- Design defects. These are flaws in the drug’s design that make it inherently unsafe, even if manufactured correctly.
- Inadequate testing. This would occur if there was insufficient testing or research to identify potential side effects and risks associated with the drug.
- Failure to warn. This could include issues like insufficient labeling or failure to disclose known risks and side effects, preventing patients and doctors from making informed decisions.
- Off-label promotion. This relates to marketing the drug for uses that are not approved by regulatory authorities without sufficient evidence of safety.
The reality is that large pharmaceutical companies typically have many resources available to defend against dangerous drug claims, so it’s essential to elicit the help of a skilled attorney to help build a strong case on your behalf.
In cases where negligence can be proven, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other non-economic damages. Punitive damages may be possible in these cases as well.
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Who else might be liable for drug side effects?
Dangerous drug claims can be complicated, as there are multiple parties who could be liable for a patient’s injuries, including:
- Doctors. Physicians could be liable for medical malpractice if they prescribe medications for off-label uses that are not approved by the FDA. They also have a duty to inform patients about a medication’s potential side effects before prescribing it.
- Hospitals and clinics. Health care facilities can be held liable if they fail to implement proper medication policies or if their staff administers incorrect dosages or medications to patients.
- Distributors. Companies that distribute drugs might also be liable if they knowingly supply defective medications or do not ensure that the drugs are properly handled during distribution.
- Pharmacists. By law, pharmacists must provide patients with information about a medication’s side effects upon dispensing the drug. Failing to do so could result in liability if the drug negatively impacts a patient’s health.
- Testing laboratories. Labs responsible for testing a drug’s safety and efficacy might face liability if they provide inaccurate or fraudulent results, leading to the approval and usage of harmful drugs.
Identifying the responsible parties in a dangerous drug claim is often a complex and time-consuming process, but an experienced attorney will have the expertise to thoroughly investigate your case and ensure that all negligent parties are held responsible.
How do I file a dangerous drug lawsuit in Miami?
Individuals who wish to pursue a dangerous drug case must file a complaint with their local court. In Miami, an injured patient and their attorney should detail the name of the drug that impacted them, their subsequent losses, and the parties they believe to be liable.
A defective drug attorney will make sure that all the important information is gathered and investigations are complete before filing your claim. This critical information will be included in your complaint, which must be filed within the statute of limitations allowed by Florida law.
Please be aware that under Florida Statutes §95.11(3), victims of dangerous drugs usually have 2 years from the date of their injury to seek compensation.
An attorney can also help build and present an effective dangerous drug lawsuit in court, should it be needed.
How long does a pharmaceutical lawsuit take?
The reality is that lawsuits against big pharmaceutical companies for defective drugs like Paxil or Zantac can be marathons, not sprints. The timeline can vary significantly based on the complexity of the case and specific circumstances, but generally, it can take several years from start to finish.
As an example, a Paxil lawsuit timeline would start with the initial investigation and preparation phase, during which it can take months to gather evidence and build a strong case.
After filing the lawsuit, the discovery process, where both parties collect and exchange evidence, can also take months or even years. If the case proceeds to trial, additional time is required for court hearings, trial, and potential appeals, which can extend the timeline further.
Additionally, in the case of class action lawsuits, where a group of plaintiffs collectively sues the pharmaceutical company, the process can become even longer due to the larger number of individuals involved and the complexities of managing the claims collectively.
Why choose Redondo Law for your dangerous drug lawsuit?
Experience
With extensive experience handling dangerous drug lawsuits in Miami, our firm knows how to navigate the complexities of these cases to secure maximum compensation for our clients.
Client-centered
We prioritize clear communication, always ensuring that you understand the process and addressing any questions or concerns you have.
Tailored strategies
We understand that each case is unique and develop personalized legal strategies to address your specific needs and maximize your chances of success.
No fees unless you win
We operate on a contingency fee basis, so you don’t pay us anything unless we win your case.
Get help from an experienced Miami dangerous drug attorney
Product liability cases involving dangerous drugs are a complex area of law, so you need an attorney who understands the nuances of drug litigation and has close relationships with medical experts to increase your chance of a successful outcome.
If you or a loved one suffered an injury or wrongful death because of an unsafe medication, let seasoned Miami personal injury attorney Mike Redondo at Redondo Law advise you on your case. During your consultation, Mike will answer your questions, assess your situation, and walk you through your legal options.
Take the first step toward recovering the justice and compensation you deserve by scheduling your free consultation with Redondo Law today.
References
CDC. (2019). Adverse Drug Events in Adults. Centers for Disease Control and Prevention. https://www.cdc.gov/medicationsafety/adult_adversedrugevents.html
Statutes & Constitution : View Statutes : Online Sunshine. (n.d.). Www.leg.state.fl.us. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html