When you are sick or recovering from an injury, medication can help you feel better and even cure a disease. However, some drugs cause severe side effects or create illness in some people.
If you were harmed by a medication, contact a Kissimmee dangerous drugs lawyer at Colling Gilbert Wright. Our personal injury attorneys have a stellar reputation among other lawyers for our skillful handling of complex litigation and our attention to our clients’ needs.
How Can an Unsafe Drug Reach the Market?
The U.S. drug approval process is not as rigorous as many people think. A manufacturer can offer a drug for sale if it demonstrates that the medication is effective against a specific condition or symptom and the benefits outweigh the known side effects. When there are few treatment options for a particular condition, even a drug with serious side effects might be approved.
Although manufacturers must submit the results of clinical testing, the trials only cover a limited time frame. Prolonged exposure to the medication could reveal unanticipated long-term health impacts. Many drugs have been approved for use and then pulled off the market when patients and their doctors reported unexpected negative health effects.
Even drugs that remain on the market can cause harm in some cases. If you suffered an illness or injury and believe it was connected to taking an unsafe drug, contact a Kissimmee attorney from Colling Gilbert Wright. We will review your situation and advise you whether you have grounds to pursue a legal claim against the drug manufacturer.
Determining Whether a Manufacturer Is Liable
There are two ways to hold a manufacturer liable for losses caused by a dangerous drug. You can demonstrate that the manufacturer was negligent and that the negligent conduct led to your injury. Alternatively, you could prove that the drug was defective, which would make the manufacturer strictly liable.
Whether you allege negligence, strict liability, or both, claims against pharmaceutical manufacturers are complicated. Substantial resources are required to investigate and build a successful dangerous drug case. Our Kissimmee dangerous drug attorneys have years of experience bringing complex matters to trial, and they have a track record of outstanding results, including several settlements and verdicts exceeding $1 million.
Liability for Negligence
A manufacturer of a drug is negligent when it does not take reasonable steps to ensure a product’s safety. A manufacturer could be negligent if it did not engage in adequate testing, misinterpreted or ignored test data, delayed responding to reports of problems, or did not prioritize consumer safety.
When we can prove a drug was defective, we do not have to prove that the manufacturer was negligent. We must prove one of three scenarios occurred to establish that a drug is defective:
Strict Liability for a Defective Product
- The design produced an unreasonably dangerous product
- A manufacturing error rendered at least one batch or production run unreasonably dangerous
- The product’s label and marketing were insufficient to adequately warn patients of its dangers
The manufacturer of a defective drug is liable for any losses you suffer due to your use of the medication.
Understanding the Discovery Rule
Florida Statutes § 95.11 allows you two years from the date of injury to file a lawsuit if you are alleging the manufacturer was negligent, and four years from the date of injury if you are alleging that the manufacturer produced a defective drug. A Kissimmee drug litigation attorney could review your circumstances and determine whether there is still time to file a lawsuit.
Sometimes months or even years elapse before you recognize that a drug has had a negative impact on your health. For example, some drugs cause cancer or heart disease, but these conditions might not be diagnosed until long after you took the drug.
In these cases, the statute of limitations begins running when you discover a health condition or realize that it is connected to your use of a medication. However, if you skipped regular checkups or ignored symptoms, the drug manufacturer could argue that your condition could have been identified earlier if you had been more conscientious.
Consult a Kissimmee Attorney About Your Drug Injury Case
When you are harmed by a medication, you can hold the manufacturer responsible for your losses. Contact a Kissimmee dangerous drugs lawyer at Colling Gilbert Wright for skilled representation. We accept no payment until we have secured compensation for your losses, so please contact us at no risk today.