When your doctor prescribes a medication you expect that it will help to make you feel better. Unfortunately, this isn’t always the case. There are hundreds of thousands of prescription medications on the market, and it’s nearly impossible for the FDA to make sure that each one is properly vetted before it is available to consumers.
Pharmaceutical companies have a responsibility to make sure that the drugs and medicines they create and sell are safe. However, pharmaceutical companies are most interested in maximizing their profits. Many times, this comes at the expense of your health and safety.
If you or someone you love was prescribed a drug that wasn’t safe, you have the right to demand compensation. At Lavent Law, P.A., our personal injury attorneys can help you fight to hold pharmaceutical companies responsible for drug-related injuries and deaths. Contact us today to schedule a free consultation. We will review your case and outline your legal rights and options.
How Dangerous Prescription Drugs Get to You
Prescription drugs and medical devices are supposed to help you live a safe and healthy life. Unlike over-the-counter medications, prescription drugs must be prescribed to you by a licensed physician. This is because prescription drugs can:
- Be addictive
- Be dangerous if not taken precisely as intended, and/or
- Have potentially life-threatening side effects.
Doctors evaluate your medical condition, determine which pharmaceutical drug is best suited for your specific situation, and write a prescription that is tailored to your needs.
Doctors simply prescribe drugs that have been manufactured by pharmaceutical companies and approved for sale by the Federal Drug Administration (FDA). Unfortunately, this does not mean that all drugs that are prescribed are safe.
Each year, thousands of drugs are presented to the FDA for approval. This makes it very difficult for the FDA to properly vet and review each application. As a result, the drug approval process is often rushed.
In truth, too much trust is placed with the individual pharmaceutical companies. These companies know that the drug-approval process is flawed and use that to their advantage. Companies save money by cutting corners, including:
- Not testing a drug for an appropriate length of time
- Failing to test pharmaceuticals on proper subjects
- Flawed testing procedures
- Biased testing procedures, or
- Underreporting or failing to report potential side effects.
Pharmaceutical companies make money when their drugs and medical devices are prescribed to patients. The more drugs a company can have on the market, the more money they can make. As a result, many drugs are approved by the FDA when they are not truly safe for use.
Dangerous Drug Recalls
FDA approval doesn’t necessarily mean that a prescription drug is safe. In fact, more than 4,500 drugs and devices are voluntarily recalled by pharmaceutical companies each year. Drug recalls are a tool to “protect the public from a defective or potentially harmful product.” Companies can volunteer to recall a drug on their own or the recall can be mandated by the FDA if serious health risks are identified.
A drug or medical device may be recalled if:
- Unidentified or undisclosed risks or side effects manifest
- The drug is not effective
- The package is mislabeled or damaged
- The drug is contaminated
- The drug’s quality, potency, and/or purity is off, or
- New risks about the drug are identified after extensive use.
Am I Entitled to Compensation If a Drug is Recalled?
Not necessarily. Drug companies are encouraged to be proactive and issue a voluntary recall for any drug that may pose a threat to your health or safety. However, a recall does not automatically mean that the company will be liable for your injuries. Recalls are not an admission of guilt or fault, but rather a way to protect consumers.
Threats Posed By Dangerous Drugs
In theory, all drugs and medical devices are supposed to go through a rigorous five-step process before they can be prescribed by a physician. An overwhelmed FDA and flawed approval process make it fairly simple for dangerous and defective drugs to get into the hands of consumers. Drugs that aren’t properly vetted can be a serious threat to your health, safety, and well-being.
Consequences of using a dangerous drug or medical device can include:
- Allergic reactions
- Infection
- Neurological problems
- Psychological problems
- Stroke
- Cardiac issues
- Birth defects
- Kidney failure
- Liver failure
- Heart failure
- Overdose
- Internal organ damage, or
- Death.
These dangerous drug injuries can occur immediately after your initial use or develop over time with chronic use. It’s important to seek medical attention immediately if you believe that you are experiencing dangerous and life-threatening side effects.
Filing a Dangerous Drug Injury Lawsuit in Miami
When someone else hurts you, you have the right to file a personal injury lawsuit for damages. This includes pharmaceutical companies that negligently or recklessly put dangerous drugs on the market. However, filing a lawsuit against a pharmaceutical company is not the same as filing a lawsuit against another individual.
Pharmaceutical companies will be prepared for any litigation that comes their way. These companies are represented by top attorneys and will fight to defeat any personal injury claims that are filed.
Why You Should File Your Dangerous Drug Lawsuit
Just because it can be more difficult to navigate a claim involving an insurance company doesn’t mean that you shouldn’t pursue the money you deserve. Filing your lawsuit can also help to protect others who may also be put in harm’s way by the pharmaceutical company’s actions.
When you decide to take legal action, it’s important for you to get the help of an attorney who knows how to handle these tough cases.
Experts and Resources in Dangerous Drug Cases
At Lavent Law, P.A., our attorneys have the experience, resources, and knowledge that are necessary for a dangerous drug injury lawsuit. Pharmaceutical companies will have experts and doctors on their side to testify about the safeness of their product.
Our attorneys have worked hard to develop professional relationships and contacts with some of the most respected medical professionals in the greater Miami-Dade area. We rely on the expertise and testimony of these witnesses to help support drug injury claims. When experts disagree, it’s left to the jury to decide who they believe.
When you’ve been seriously injured because a greedy pharmaceutical company decided to cut corners, it’s easier for us to get the jury’s empathy and support. This will help you get the financial award you deserve.
Class Action Drug Injury Lawsuits
Since pharmaceutical drugs are widely used, it’s possible that you are one of thousands of people to be harmed. When multiple defendants have a case based on the same facts, they can band together to pursue compensation collectively. This is known as a class action lawsuit. Instead of pursuing a personal injury claim on your own, you’d join with others who were injured by a drug or device and file one big lawsuit. If a class action case is successful, each victim receives a portion of the financial settlement or award.
Class actions can be helpful. However, you are not required to join a class action if you’ve been injured by a defective drug. You have the right to pursue compensation on your own. It’s important for you to understand your legal options and decide on the process that is best for you.
Our Miami drug injury lawyers can assess your case, explain your rights, and offer some guidance to help you make the best possible decision. Call us today to schedule your free consultation.
Call Our Miami Drug Recall Injury Attorneys Today
Have you suffered an injury or lost a loved one unexpectedly because of a dangerous drug? The pharmaceutical company that designed, manufactured, and distributed the product may be liable for damages. At Lavent Law, P.A., our Miami drug recall injury lawyers can help you maximize the financial award you receive. We are prepared to help you with any dangerous drug injury case, including those involving:
- Xarelto
- Byetta/Januvia
- Abilify
- Accutane
- Zofran
- GranuFlo
- Cymbalta
- Lyrica
- Risperdal
- Yaz, and more.
We know that the costs of a dangerous drug can be extraordinary. You may struggle with life-threatening complications and require extensive medical care and rehabilitation. Serious injuries can even leave you with a disability. Our personal injury lawyers will fight to help you recover compensation for any harm you have suffered because of a dangerous drug. Call us today to learn more.
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