While many assume that prescription and over-the-counter medication must be safe if they are allowed to be sold to consumers, the unfortunate reality is that defective drugs hit the market every day. Fortunately, if a defective drug injures a consumer, a personal injury attorney might be able to hold the drug company responsible.
If you have suffered an injury due to a dangerous or defective drug, you may have a viable claim for damages. Contact a Palm Harbor dangerous drugs lawyer to discuss your options for recovering those damages.
Types of Dangerous Drug Claims
The specific cause of a drug-related injury can vary. While some drugs are inherently dangerous, others are only harmful when they interact with other drugs. In many cases, determining the cause of a dangerous drug injury can be uniquely challenging.
There are generally three types of dangerous drug claims including defectively manufactured drugs, drugs with dangerous side effects, and drugs that suffer from false marketing. An experienced Palm Harbor defective drug attorney might be able to combine legal skill and medical knowledge to form a strong claim.
Defective Manufacturing
This form of liability occurs when a mistake during manufacturing causes the drug to become dangerous. This mistake could happen during the design product or during the production of the substance. For example, a drug might be tainted when two substances are mixed unintentionally, or when a design flaw made it past initial testing.
Dangerous Side Effects
While drug manufacturers typically endeavor to identify all potential side effects during testing, many are not discovered until after the drug hits the market. This may be partially due to the wide range other drugs that could potentially interact with it.
Some drugs have side effects that may outweigh the benefits for certain patients. While some side effects are immediate, others can take months or even years to become apparent.
False Marketing
When a drug company fails to adequately warn the public about the risks of a certain drug, they could face liability. This type of claim may arise when the benefits of a substance are exaggerated, the potential side effects covered up, the purpose of a drug is not thoroughly tested, or it is advertised as having a function other than what it was intended for.
Statute of Limitations in a Dangerous Drugs Case
Under Florida state law, a dangerous drugs lawyer in Palm Harbor must file a lawsuit on a plaintiff’s behalf within a specific time frame, or the plaintiff may lose their right to proceed with the suit. When suing the manufacturer of a defective drug or medical device, the statute of limitations is four years. However, a lawsuit against a pharmacist carries a much shorter time frame of only two years.
Get Help from a Palm Harbor Dangerous Drugs Attorney
Dangerous drug lawsuits can be extremely complex and difficult to start. In order to build the strongest case possible, it may be crucial to work closely with a Palm Harbor dangerous drugs lawyer.
Your legal counsel could help identify the potential cause of the drug reaction and advocate for the monetary damages you deserve. To get started with your lawsuit, call today and schedule a consultation.
