Prescription drugs and medications provide relief from symptoms and even cure many conditions. Most people in the United States take one or more medications daily to maintain or improve their health.
Unfortunately, some medications that help many people harm others who take them. Over time, some drugs are found to be unreasonably dangerous to everyone and are usually removed from the market.
When a medication causes you to develop a dangerous side effect or health condition, you could file a lawsuit against the manufacturer. Contact an experienced personal injury attorney when you believe a drug caused significant harm or led to a serious health condition. A Largo dangerous drugs lawyer from Distasio Law Firm could help you build a case against the manufacturer and secure compensation for your losses.
Drug Safety Is Relative
When the U.S. Food and Drug Administration (FDA) considers a medication for approval, it weighs information about its effectiveness against a particular condition against its reported side effects and safety concerns. When a drug is effective against a specific condition, the FDA might determine its benefits to those suffering from that condition outweigh the concerns. FDA approval does not mean a drug is safe.
When a drug enters common use and doctors start reporting their patients are experiencing severe complications, the FDA will request the company to revise the drug’s label to warn about the complications. Sometimes a company will voluntarily recall a drug from the market, or the FDA will request a recall. Scores of FDA-approved medications are removed from the market yearly due to safety concerns.
When you consult a Largo dangerous drugs injury attorney about a medication-related condition, they will review the drug’s FDA approval history. If the drug’s warning label does not list the condition that you suffer from, you could pursue a legal claim against the manufacturer. Even if the manufacturer did warn of your specific side effect, an action for damages might be possible in some cases.
Manufacturers Are Liable Under Product Liability and Negligence Principles
When the drug you took was defective as the law defines it, the manufacturer, distributor, and retailer could be liable for your damages. A product is defective if the:
- Design rendered it unsafe, and an alternative economically feasible design would have produced an effective and safer product
- Manufacturing process went awry, and the drug was contaminated or damaged in a way that made it dangerous
- Label did not provide adequate warnings, and you would not have used the drug if the label was accurate
If a skilled lawyer in Largo can prove a drug is defective, the manufacturer, distributor, or retailer is strictly liable, meaning you do not have to prove they knew the product was defective or committed any wrongdoing.
You may also allege the manufacturer was negligent. A negligence theory could be effective if there is evidence the manufacturer did not follow up on data or other indications that the drug might not be safe. If the manufacturer hid or manipulated data to secure FDA approval, you might allege gross negligence or intentional wrongdoing and seek punitive damages from the manufacturer.
Joining a Mass Tort Action Could Be an Option
Proving a manufacturer liable for a dangerous drug is a complicated undertaking. However, a more efficient method of holding a manufacturer accountable might be available in some cases.
Multi-district litigation (often called a mass tort) happens when many lawsuits raise the same issues against the same defendant, such as a drug manufacturer. Court administrators sometimes decide to consolidate similar cases from different courts and assign the judge to hear the cases together. The injured plaintiffs combine their resources to hire the necessary experts and prove their case once. If the court decides the manufacturer is liable, each plaintiff proves their entitlement to compensation.
Multiple mass tort actions are usually ongoing at any time. A well-practiced dangerous drugs lawyer in Largo, such as Scott Distasio, could tell you whether joining a mass tort is possible in your specific case.
Trust a Largo Dangerous Drugs Attorney to Pursue Your Claim
Drug manufacturers have enormous resources, and they hire the biggest law firms to defend themselves against claims their products are dangerous. You need a committed attorney who is not afraid to stand up to these powerful companies to seek justice on your behalf.
A Largo dangerous drugs lawyer at Distasio Law Firm could build a strong case, assert a legal claim, and try to negotiate a reasonable settlement. However, if the drug company does not take responsibility, our aggressive team of attorneys will press your claim in court. Call today to speak with a committed legal advocate.