A dangerous drug is a drug that harms the patient. While some drugs have unpleasant side effects, dangerous drugs have unexpected consequences that cause serious harm. Because every patient has a right to safe and effective medications, Florida products liability law holds these pharmaceutical companies and drug manufacturers liable for the dangerous drugs they introduce into Ocala.
Since products liability cases are complex and fact-specific, it is important to choose a well-versed attorney with in-depth knowledge of the subject and experience in litigating products liability claims. Contact an Ocala dangerous drugs lawyer today.
Pharmaceutical companies manufacture and test hundreds of new drugs each year. After manufacturing the drug, the pharmaceutical companies must test the drug for its safety and effectiveness. Manufacturers then must submit these clinical tests to the FDA, who either approves the drug as safe and effective or denies the application. After approval, those pharmaceutical drugs make it into the market for doctors to prescribe.
Unfortunately, there are two problems with this process that can lead to the introduction of dangerous drugs into the marketplace. First, the testing is done by the manufacturer and not the FDA. As a self-interested actor, drug companies and manufacturers have an incentive to not rigorously test their products, overstating their efficacy and understating their side effects.
Second, clinical trials have natural limitations as they are performed with a limited number of people for a limited period. Extrapolating the long-term results of a drug is uniquely difficult. Unfortunately, the FDA process does not always catch every dangerous drug and those prescription drugs spend months, years, or even decades in circulation before red flags are raised. Speak with an Ocala dangerous drugs lawyer to learn more.
Florida products liability law provides a recourse for the damages suffered by these innocent patients under Section 768.81 of the Florida Code. Florida dangerous drugs law will hold pharmaceutical companies strictly liable or, responsible for the damages regardless of whether they behaved illegally or negligently. So long as they meet certain standards, they may be liable.
A design defect occurs when the pharmaceutical company makes a mistake before the drug is even manufactured. In this case, the drug itself is defective. An example would be a drug used to treat acne that causes cancer.
It is also possible that the drug was designed well, but the manufacturer of the drug made some mistake while manufacturing the drug. Possible scenarios include manufacturing in a facility not approved by the FDA, in a facility with unhygienic conditions, or in a facility with untrained workers.
This creates a quality control problem where some drugs are manufactured up to the appropriate standards, while other drugs are defective in a way that causes injury to the person who eventually takes the medication. If a person has received an injury from a manufacturing defect in the drug, it is highly recommended for that person to get in touch with an Ocala dangerous drugs lawyer.
Most products liability cases involving dangerous drugs deal with a marketing defect. In these cases, the pharmaceutical companies market the drug for an off-label purpose or an off-label dosage – essentially, a purpose or dosage that has not been tested or approved by the FDA. Then, because of the marketing efforts by the pharmaceutical company or drug manufacturer, doctors prescribe the drug to patients who are consequentially harmed.
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Like all other states, Florida has a statute of limitations which prevents an injured victim from bringing a claim against a pharmaceutical company or manufacturer if a set amount of time has passed.
Because of the time-sensitive nature of your claim, it is important to contact an Ocala dangerous drugs lawyer to discuss your case as soon as possible. Call today for a free consultation.