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Making the decision to take a medication, whether it is over the counter or a prescription, requires receiving the correct information and warnings about side effects. Patients and doctors work hard to ensure a proper drug regimen, and they rely on pharmaceutical companies to provide accurate information about their products on their labels.
Unfortunately, some drug companies have a poor reputation in this regard. They are notorious for releasing products without proper testing or labels that inform the public of all possible side effects. This can result in serious injury to consumers and could leave drug makers liable to provide compensation.
An Indiantown dangerous drugs lawyer could help pursue claims for damages against drug manufacturers. When these companies produce a dangerous product, fail to warn consumers about side effects, or rely on defective designs, they should be responsible for compensating any resulting injuries their medication caused. The product liability attorneys at Rafferty Domnick Cunningham & Yaffa can help hold those companies accountable.
Every company that makes products has a duty to only sell items that are safe for their intended use in Indiantown. The legal concept behind this idea is called product liability. However, simply experiencing an injury after using a product is not enough to prove liability. Instead, state law provides three theories that a plaintiff could use to hold makers responsible. These theories are:
The product’s design resulted in an inherently dangerous product. This may apply to dangerous drug cases involving faulty chemical formulas.
In a manufacturing error, the plaintiff alleges that although the design was sound, a mistake when the drug was being made resulted in an unsafe product. An example could include a mislabeled dosage as well.
A retail mistake may involve a failure to warn or provide proper instructions for the use of the product. These cases allege that the maker knew of the dangers associated with their product but did not provide proper warnings to consumers. Alternatively, a claim can center around the idea that instructions for safe use were unclear.
An Indiantown dangerous drugs attorney could help pursue a claim and determine a proper theory of product liability.
Introducing any foreign substance into one’s body comes with a risk. The use of medications alters the body’s chemistry, often in unpredictable ways. Thorough FDA testing is supposed to provide more certainty when taking a medication, a drug company that fails to provide accurate testing data, or who mislabels their drugs, renders this safety net inoperable.
A simple mislabeling of a drug’s dosage can have disastrous consequences. Even something as seemingly simple as ibuprofen can affect a person’s blood pressure or heart function if taken at an unsafe level. Errors in chemical composition can also render a drug useless for lifesaving applications. An Indiantown dangerous drugs attorney could help to connect a drug maker’s error to a plaintiff’s injuries.
An Indiantown legal advisor could also help to pursue cases on time. Florida Statute §95.11 outlines the state’s law concerning how long an injured plaintiff has to demand compensation for their losses. Under this statute, all claims alleging personal injury must be filed no later than four years after the date of injury. Act quickly and hire a legal representative to ensure this time limit does not expire.
Taking any type of drug, whether over the counter or prescription, is always a measured risk. Patients and doctors rely on the maker’s specifications and instructions to ensure that the drug will have the desired effect. Any error in the drug’s design, instructions for use, or manufacturing could result in a patient suffering undue harm.
Drugmakers who violate the state’s laws concerning product liability are responsible to provide compensation for all resulting injuries. An Indiantown dangerous drugs lawyer could help you if you have suffered harm after taking a medication. They can help to explain the obligations of drugmakers, connect their errors to your injuries, and pursue claims for all appropriate compensation. Contact a seasoned attorney at Rafferty Domnick Cunningham & Yaffa today to let them get to work for you.
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