Distasio Law Firm’s defective drug lawyers in the Tampa area are here to help if a defective drug has caused damage to you or a loved one. We can help you determine if a drug is defective and whether that drug caused your injuries. If so, we can hold the maker of that drug accountable for the damages you have suffered. All you have to do is give us a call to get the process started.
According to the Centers for Disease Control and Prevention (CDC), 48.6% of Americans have used at least one prescription drug in any given 30-day period. The number of Americans using over-the-counter (OTC) drugs is probably even higher. A large proportion of these drugs may be defective.
For a free legal consultation with a defective drug lawyer serving Tampa, call (813) 259-0022
How to Know if You Have a Valid Defective Drug Case
A defective drug can be either a prescription medication prescribed by your doctor and filled at a pharmacy or an over-the-counter (OTC) medicine you pick up at the drugstore. Whether it’s a prescription drug or an OTC drug, it is considered defective if it causes unintended side effects such as physical injuries, psychological trauma, or emotional damage.
These injuries may be caused by a defect in the drug itself, because of incomplete labeling, or because of insufficient or misleading warnings. Sometimes, flaws in how a drug is made can make it defective. In other cases, a drug can become contaminated somehow when it is being made.
By the Time the Public Is Made Aware of Adverse Effects, it May Be Too Late
Unfortunately, it often takes many years after the drug has been on the market for the general public to be made aware of the dangers of the drug. By this time, it is often too late for the people who have been taking the drug.
By the time scientists and defective drug lawyers figure out the drug is dangerous, the damage is already done. On the other hand, the pharmaceutical industry often knew or should have known of the dangers when they started selling it.
Tampa Defective Drug Lawyer Near Me (813) 259-0022
How Can Distasio Law Firm Help with a Defective Drug Lawsuit?
The Florida defective drug lawyers at Distasio Law Firm, based in the Tampa area, are committed to making drug and device makers and marketers take responsibility when they cause harm. Sometimes an early settlement can be reached. But often, the only way to hold pharmaceutical companies accountable when they cause harm is to file a defective drug lawsuit against them.
These lawsuits are often referred to as mass tort defective drug cases because of the large number of them that are filed. It’s our job to figure out what is best for your claim. There is no cost to you to find out if we can help. Give us a call now so we can put our years of legal experience to work for you.
We Can Seek Compensation for You
Injuries from a defective drug can last a lifetime. They can create a medical condition or worsen an existing one. Injuries from these drugs can also be fatal or reduce someone’s quality of life. A claim or lawsuit could compensate you for damages you suffered as a result of using a defective drug:
- Past, current, and ongoing medical bills and medical expenses you have paid
- Loss of income or future ability to earn income
- Pain and suffering
- Emotional distress
- Psychological trauma
- Loss of companionship
- Loss of life enjoyment
- Wrongful death
Our legal team can review your defective drug case’s details to learn more about how we can help you and what kinds of damages you could be compensated for. We can help you take action in a defective drug case where you or a loved one suffered harm. Learn more during a free consultation.
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Defective Drug Cases We Have Experience with
The dangerous drug lawyers at Distasio Law Firm have represented clients who have been harmed by the below drugs. However, if you do not see a drug you suspect is dangerous, call us anyway. We may still be able to help.
Atripla has been a miracle drug because it has prevented many deaths, but lawsuits against Gilead Sciences, Inc., allege it knew Atripla would cause damaging side effects.
Complera has been very effective in suppressing the devastating symptoms of HIV and has helped prevent the spread of AIDS, but it can also cause devastating injuries.
Stribild has been medically successful in suppressing symptoms of HIV, but it can also cause many unwanted side effects when taken for an extended period of time.
Truvada has been called a miracle drug because it is so effective in suppressing the devastating symptoms of HIV, but Truvada can cause severe damage.
Viread is effective in suppressing the symptoms of HIV and preventing the spread of AIDS but can cause severe damage to the skeletal system and to the kidneys.
Elmiron is used to treat conditions such as osteoarthritis and interstitial cystitis. However, it can also cause eye damage as a side effect.
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We Are Aware of the Responsibilities of Drug Companies, the FDA, Doctors, and Pharmacies and Can Hold Them Accountable
Before a drug manufacturer can sell a drug, it must first make sure it treats the condition it is supposed to treat. It must also determine what side effects it may cause and whether those side effects are dangerous. Pharmaceutical companies do this by conducting experiments. If the experiments are successful, they hold clinical trials to test the drug and see what side effects occur.
If the clinical trials are successful, the drug maker will submit the drug to the Food and Drug Administration (FDA) for approval. The FDA will examine the drug, the experiments, and the clinical trials to determine if the drug can be sold to the public.
Unfortunately, this process has become very political. In addition, the FDA is too understaffed to really look behind the information submitted by the drug companies. The result is that defective and/or dangerous drugs can slip through the process and be sold to the unsuspecting public. Even worse, many times, the drug maker knew or should have known of the danger.
Doctors Must Warn Their Patients
Once the drug is allowed to be sold, doctors have a responsibility to advise patients of potential side effects. In addition, the potential side effects are listed on the drug inserts. Danger often occurs when doctors are not made aware of side effects by the pharmaceutical companies, and the dangers are not listed on the drug inserts.
Pharmacists Must Make Sure Drug Combinations Are Suitable
Pharmacists are responsible for filling the prescription ordered by the doctor. This includes making sure the prescription is filled with the correct medication and at the correct dosage. Pharmacists are also responsible for ensuring that the drug’s bottle has the right drug name and the right dosage on it.
Lastly, pharmacists are supposed to make sure the prescribed drug is OK to take with other drugs they know you are taking. This is to ensure you do not have an adverse reaction if the drugs interact with one another.
The FDA Must Monitor a Drug’s Effects While It’s on the Market
While a drug is on the market, the FDA has continuing oversight authority over the medication. If information comes out over time that suggests a drug is dangerous, the FDA can require the manufacturer to add additional warnings or make the warnings stronger. The FDA can also force the company to do a drug recall.
Does FDA Approval Ensure a Drug Is Safe?
The simple answer is that FDA approval does not mean a drug is safe. All drugs have known side effects. Often, it is worth risking those side effects to get the treatment the drug provides.
The problem comes in when the side effects are not publicly known, or the side effects are much worse than what is told to the public. It is the FDA’s job to make sure this does not happen. However, the FDA often does not have the resources to really look in-depth behind the experiments and clinical trials provided by the drug companies and, as a result, the FDA accepts the data that pharmaceutical companies provide.
Don’t rely on the fact that the FDA approved a drug. When in doubt about your legal rights, call Distasio Law Firm to see if our defective drug lawyers serving the Tampa area can help.
Does FDA Oversight Guarantee Defective Drugs Are Taken off the Market?
Once again, the simple answer is that FDA oversight does not guarantee that dangerous drugs are not sold. Because of the political nature of the FDA, it is often slow to react after a drug has been approved for sale. It may require the pharmaceutical company to do additional studies, provide additional data, and/or provide stronger warnings. But during this time, the dangerous drug is often still being sold and is still harming people. The FDA can also require a drug recall.
But the FDA is very hesitant to recall a drug. By the time a drug recall happens, it is often too late for too many people. Often, the only real way to get the drug off the market is to file a defective drug lawsuit.
Should You Report a Defective Drug to the FDA?
The defective drug attorneys at Distasio Law Firm recommend you report side effects you believe were caused by a dangerous drug to the FDA. To make a report, make sure you have the following information available:
- Name of the drug
- The name of the manufacturer
- The dose and frequency of your prescription
- The name and address where you got the drug
- The date of your purchase
- When you started taking the drug
- When you stopped taking the drug, and
- The symptoms you believe the drug caused
Reporting the dangerous drug to the FDA will help add to the statistics that are publicly known. But that is not enough. If you have been injured by a defective drug, call us today to see if we can help hold the drug maker accountable for the damage it has caused you.
Why Distasio Law Firm Over all the Others?
How do you know if you have hired the best Florida defective drug attorney in the Tampa area? The simplest way to know is to find a lawyer that has all the below characteristics.
Knowledge and Experience Handling Medical Malpractice Cases
Your lawyer should not only know the law. That lawyer should also have years of experience handling lawsuits cases.
Scott Distasio has been handling personal injury cases for over 30 years. His years of experience investigating, negotiating, settling, filing lawsuits, taking depositions, and going to trial will absolutely make a difference in your case.
Independent Verification of the Lawyers’ Ability
All attorneys claim they know what they are doing. Their marketing materials may also be persuasive. But you will only know the truth about that lawyer if the lawyer is rated by respected independent unbiased rating systems.
Scott Distasio has an “AV rating by Martindale-Hubbell law Directory. This is the highest rating an attorney can receive for both ability and ethics. Scott Distasio is also Board Certified by the Florida Bar in Trial law.
To achieve this accomplishment, a lawyer must have tried a minimum number of cases to a jury and pass a competency exam. Less than 1% of all Florida lawyers are Board Certified.
Willingness and Ability to Go to Trial
Not all cases go to trial. The truth is most cases settle. But if your case does need to go to trial it’s important to hire a law firm that has the experience, resources, and ability to try your case.
Scott Distasio is a board-certified civil trial lawyer. This gives him the right to call himself an expert trial lawyer.
If You Need a Tampa-Area Attorney for a Defective Drug Case, We’re Here for You
If you or someone you love has fallen victim to defective pharmaceuticals, we can help you take the appropriate legal action to address your case. We know this is a frightening, overwhelming, and beyond stressful time for you. We want you to know that you’re not alone in these matters.
At Distasio Law Firm, you can rely on our relentless efforts to build the strongest case possible. Contact our legal team today for a free consultation.