Drug Lawsuits |
Posted: October 28, 2020 |
Florida Dangerous Drugs LawyersIf you or your loved one suffered a severe Drugs injury, our Dangerous Drug Lawyers are ready to conduct a thorough investigation. We will determine what happened, why it happened, who should be held accountable, and what steps must be taken to get you justice and full compensation. We will help you navigate your way through the legal process, and fight to protect your rights and help recover the compensation your and your loved ones deserve!
Common Dangerous Drugs Injuries
Most often, consumers are injured by drugs and medical devices because the manufacturer does not include information necessary for you or your doctor to make informed decisions. Injuries can happen when drugs interact unexpectedly with other medications or medical conditions, or when undisclosed side-effects are more serious than the manufacturer believes when the drug goes to market. Any of these types of situations can lead to serious health problems or injury. Long-term or permanent injuries are not uncommon, and many claims involve accidental death.
Physical Pain: Many types of medications and medical devices can cause severe, debilitating pain. Excessive pain is not typically considered an acceptable side effect, so individuals experiencing unexpected, severe pain should immediately consult a doctor.
Changes to Mood, Attitude, or Mental State: Many medications warn of mental side effects. It is imperative that anyone taking medication for mood disorders or mental ailments who experience sudden, unexpected changes to mood, including violent outbursts, suicidal thoughts or actions, hallucinations, or confusion seek immediate attention from medical personnel.
Strokes and Heart Attacks: Numerous medications can cause stroke or heart attack episodes. Often, these side effects are known by manufacturers and are frequently included on the lists of side effects. Medications can react unexpectedly with other medications.
Sexual Side Effects: A wide range of medications can cause changes in sexual behavior. Some drugs can cause a lack of desire, while others can result in the inability to control sexual urges. Numerous drugs can cause long term maladies in a persons sex life, contributing to divorce.
Do you have a Dangerous Drug Claim?
Drug manufacturers often award settlements through class-action lawsuits involving numerous injured plaintiff’s or through multidistrict litigation where cases from different areas are combined into one case. Determining if you are eligible to receive benefits from a settlement will require that you meet specified criteria. Generally, you will have to have taken a dangerous medication during a period of time, and exhibit adverse effects or injuries. Individuals seeking compensation for injuries caused by dangerous drugs must prove that a drug was inherently dangerous, that the prescribing doctor, pharmacist, and manufacturer failed to warn of the hazard, and that the drug caused the injury to the individual.
Proving Your Claim - Most of the time, drugs that react dangerously with one individual will also do so with others. By finding other injured individuals with similar reactions, your personal injury attorney can help build your case. It can be nearly impossible to win a claim of defective drugs against a company when only one case of unexpected side effects exists. Even when your injury is substantially similar to injuries by others, proving that the drug manufacturer, doctor, or pharmacist failed to warn you about the risks can be a significant challenge. Many labelling requirements for medications include possible side effects that manufacturers have reason to believe may occur. In many situations, including information about possible side effects can prevent manufacturers from facing expensive personal injury litigation.
Failure to Warn - However, it is not enough for manufacturers to warn of a possible side effect through drug literature. Manufacturers must market drugs for the correct and intended purpose, and advise physicians about symptoms to be aware of that may indicate a more serious interaction. If your physician is unaware of the likelihood of a serious problem from a drug interaction, it is impossible for them to adequately warn their patients. One of the common ways cases involving dangerous drugs are settled is to prove that the manufacturer was aware of possible side effects and either did not disclose the information or downplayed the seriousness.
Off-Label Marketing - One of the more common claims involving dangerous drugs is when representatives of the pharmaceutical company sell their product for off-label use. This means that a drug which has undergone rigorous testing to be approved for use by the FDA is marketed as being useful for non-approved illnesses. For example, antipsychotic medications are often administered to treat symptoms of dementia, but most of these drugs are not approved for that use. Drugs administered off-label may land a company in hot water for failing to market the product for it’s approved use.
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