Need a Defective Drug Lawyer in Florida?
Distasio Law Firm’s defective drug lawyers 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 you 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 CDC, 48.9% 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.
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 drug store. 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 warnings.
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.
How Can Distasio Law Firm Help with a Defective Drug Lawsuit?
The Florida defective drug lawyers at Distasio Law Firm 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.
Are These Defective or Dangerous Drugs?
The dangerous drug lawyers at Distasio Law Firm are currently investigating whether the below drugs are dangerous, or we are representing clients that have been harmed by these drugs. But if you do not see a drug you suspect is dangerous, call us anyway. We may still be able to help.
Responsibilities of Drug Companies, the FDA, Doctors and Pharmacies
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.
Once the drug is allowed to be sold, doctors have a responsibility to advice patients of potential side effects. In addition, the potential side effects are listed on the drug inserts. The most 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 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 dose. Pharmacists are also responsible to ensure the drug bottle has the right drug name and the right dose. Lastly, pharmacists are supposed to make sure the prescribed drug is ok to take with other drugs they know you are taking.
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. Unfortunately, the FDA cannot possibly do its job effectively for many reasons.
The pharmaceutical companies have figured out that they can influence the FDA in many ways to get drugs approved that may not be safe. This influence occurs in many ways. For example, drug companies often hire FDA employees and drug company employees often go to work for the FDA. This cozy relationship between the FDA and the pharmaceutical companies creates an environment that makes it easier to get drugs approved. In addition, the FDA does not have the resources to really look in depth behind the experiments and clinical trials provided by the drug companies. As a result, the FDA accepts the data provided to it by the pharmaceutical companies.
So 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 attorneys 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 as been approved to 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 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 affects 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.
Looking for a Defective Drug Attorney? Call 813-259-0022 Today!
The Distasio Law Firm Difference
How do you know if you have hired the best Florida defective drug attorney? 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 Florida medical malpractice law. That lawyer should also have years of experience handling malpractice cases. Scott Distasio has been handling medical malpractice cases for over 29 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 non-biased 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 medical malpractice 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. This is especially true in medical malpractice cases because healthcare providers WIN upwards of 70% of the time. Scott Distasio is a board certified civil trial lawyer. This gives him the right to call himself an expert trial lawyer.
Need a Lawyer for a Defective Drug Case?
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 a lawyer at our firm today!