How to Prove Defective Drug Cases in Florida
Manufacturers are required to create products that are reasonably safe for consumers. In short, consumers have the right to reasonably expect that products on the market will not cause harm to them.
Sometimes, that trust is breached. In those cases, if the consumer is injured they may be eligible to receive compensation through a defective products claim. This can sometimes come in the form of a defective pharmaceutical drug, which are similar to other types of defective product claims, but they also have their own special aspects to consider.
Pharmaceutical drugs are ubiquitous in the United States. Dozens of varieties are available over the counter and doctors rely on them to help their patients.
Sadly, sometimes these pharmaceutical drugs don’t meet the quality standards expected of them.
Types Of Pharmaceutical Drug Liability Claims
In general, there are three types of pharmaceutical drug product liability claims. These include:
- Pharmaceutical drugs that are improperly marketed: These claims refer to a failure to or inadequate disclosure of all warnings or instructions related to the pharmaceutical drug. All pharmaceutical drugs must include warnings relate to any dangerous side effects or necessary recommendations;
- Pharmaceutical drugs with dangerous side effects: This type of claim refers to injuries that have occurred as a result of an unmarked or improperly marked side effect. This can occur if a drug does not properly include a full listing of possible negative side effects. It can also occur if a side effect is not discovered during the initial testing phase but is later revealed while on the market. Or, in some cases, a manufacturer may have known of the side effect but did not disclose it; and
- Pharmaceutical drugs that are manufactured with defects: This type of claim refers to injuries caused by pharmaceutical drugs that were manufactured with defects. This means the end result has somehow been tainted in some way. This can occur if a mistake is made at the manufacturing facility or by the pharmacist where the drug was eventually made and bottled for consumers. It can also occur during shipping or labeling of the drug.
It is possible that defective drug lawsuits can include one or all of these issues simultaneously.
Common Types of Defendant
In defective pharmaceutical drug cases, you will likely bring a lawsuit against multiple parties. Who are these parties typically? These include the:
- Manufacturer,
- Doctor,
- Hospital,
- Pharmacy,
- Pharmaceutical sales representative, and
- Laboratory where the drug was tested.
How To Prove Your Claim
In general, you should know that Florida’s statute of limitations for this type of case is two years. So if you believe you’ve been injured by a defective pharmaceutical drug, you absolutely need to file your claim before the two-year mark. If you don’t, you have a very slim chance the case will be heard by a judge.
To prove your defective drug claim, you have to show:
- You were injured;
- The drug was defective, improperly marketed and/or had dangerous side effects not disclosed; and
- The defect was the source of your injury.
Have You Been Injured By A Defective Drug?
If you’ve been injured by a defective pharmaceutical drug, contact the personal injury lawyers at Boone & Davis in Broward County. We will advocate on your behalf to help your recover compensation for your injuries.
