When medication is prescribed by physicians or prominently displayed on the shelves of a pharmacy, consumers reasonably expect these drugs to be safe. Once a product has made it through the research and development process, test trials, and FDA approval, it should not pose unreasonably harmful risks. Unfortunately, drugs are often rushed to market so that the pharmaceutical companies can turn a profit, and significant side effects are only discovered after consumers have suffered injuries and even death.
If you or a loved one suffered harm from a defective or dangerous drug, a personal injury attorney could review your case and determine the validity of your claim. Given how complex a products liability lawsuit against a pharmaceutical company can be, an experienced St. Johns County dangerous drugs lawyer could be an important ally going forward.
Defective Drug Injuries
The thousands of medications in circulation in the United States have an even greater number of side effects that can cause harm to consumers. Some of the more serious injuries that may be drug-related include:
- Heart attacks
- Vision loss
- Organ damage, including kidney failure
- Depression and suicide
- Birth defects
The physical, emotional, and financial impact of these injuries can be overwhelming, and they may give cause for a dangerous drug lawsuit in St. Johns County.
Legal Theories for Dangerous Drugs Claims in St. Johns County
As is the case with other harmful consumer products, dangerous drug claims may rest on three possible approaches:
- Manufacturing defect, where there was an error in the process of making a drug, resulting in a “bad batch”
- Design defect, where a flaw exists in a drug’s fundamental design or formulation
- Failure to warn of a defect, where adequate warnings of potential side effects or interactions with other drugs are not provided by a drug’s manufacturer
In all three types of cases, injured plaintiffs must establish that the drug was dangerous when it left the control of the manufacturer and seller, and that the defect directly caused their injuries. Depending on the circumstances, claims can be asserted based on strict manufacturer liability, negligence, or both.
For a case based on strict liability, a plaintiff only needs to prove that the drug was dangerous due to its defect. To prove negligence, though, a plaintiff must establish that the drug manufacturer failed to exercise prudent and reasonable care when manufacturing, designing, or selling the drug. A skilled St. Johns County dangerous drugs attorney could evaluate a claim to determine which approach might be best for securing compensation.
Statute of Limitations for St. Johns County Dangerous Drugs Lawsuits
Florida typically permits injured victims who were harmed by dangerous drugs four years to pursue claims. While four years may seem like a long time, dangerous drug cases can be time-consuming to prepare, so it is generally wise to seek counsel from a seasoned dangerous drugs lawyer in St. Johns County as soon as possible.
Cases that are filed after the four-year time limit has expired will very likely be dismissed. Therefore, meeting this deadline is almost always crucial to obtaining any compensation.
Consult a St. Johns County Dangerous Drugs Attorney Today
If a dangerous drug has harmed you or a loved one, you may be able to recover monetary damages for all medical costs and lost wages, as well as your pain and suffering, mental anguish, and loss of enjoyment of life. Reach out today to a St. Johns County dangerous drugs lawyer to learn more about potentially obtaining compensation.