Defective Drug Lawyer

Miami Defective Drug Lawyer

If you or a loved one have recently faced illness or hospitalization due to a defective drug in Miami, Florida, you may be eligible for financial compensation.

Whether you are seeking help covering medical bills, lost income, or compensation for psychological damages, it is important to reach out to legal counsel as soon as possible when you find that you have been a victim of a defective drug.

At Fischer Redavid PLLC, our experienced lawyers will handle your case with care to ensure that you get your maximum compensation and that no one else has to suffer the way you have.

What is a Defective Drug?

A defective drug is something that violates the Food and Drug Administration’s regulations. There are three different classes of defective drugs, classified by the seriousness of their potential effects on consumers:

Class Three – These are the least severe of the defective drugs. These are unlikely to cause negative health effects but in some way, breach the FDA’s labeling or manufacturing procedure and are still required to be recalled.
Class Two – These defective drugs are more dangerous. They could pose a temporary threat to a consumer’s health, although it is not likely to cause fatal or long-term damage.
Class One – Class One defective drugs are the most serious. These defective drugs are liable to cause serious health problems if used, or possibly death.

Unfortunately, even if the FDA and the drug manufacturer do everything right in terms of alerting the public and enforcing a recall, there is always a chance that someone will use or ingest a defective drug before they are informed of the danger. This can have severe consequences.

Additionally, some drugs that are considered defective are still on the market. While the commercials or labels for these drugs may contain warnings about possible adverse effects, that doesn’t necessarily mean that this information will reach the consumer in time.

The FDA recalls drugs when the risks begin to outweigh the benefits, but that’s not always timely or far-reaching enough to save lives.

Precedence in Defective Drug Cases

There have, unfortunately, been numerous cases over the years of defective drugs causing harm to people who have used them.

In the 1950s, a drug called Diethylstilbestrol (DES for short) was manufactured for pregnant women. DES is a synthetic version of the estrogen hormone, and was believed to reduce the chance of miscarriage and other pregnancy complications.

After 20 years, it was discovered that the daughters of women who were prescribed DES during pregnancy were predisposed to a certain type of cancer. The FDA issued a warning to doctors in 1971. In 1980, those who had been affected by DES were able to successfully secure a settlement from the drug manufacturers, which was a landmark case at the time.

Another important case that defined the way the courts handle defective drug claims was that of the drug Rofecoxib, or Vioxx. It was found that not only did the drug cause an increased risk of heart problems but also the pharmaceutical company that developed the drug had intentionally skewed the statistics in favor of Vioxx. This drug impacted over 140,000 people.

Drug defects are well-documented, and in many cases, you may not be the only one hurt by this drug. While that doesn’t make your illness or injuries go away, it means you may have more evidence and grounds for a lawsuit. Reach out to a lawyer about gathering evidence about documented defective drugs if you’ve been injured.

Damages Available to Miami Residents

If you or a loved one has suffered due to defective drug use, holding the responsible party accountable for their actions is only part of the goal. It is also your right to be compensated for your physical and emotional suffering.

Generally, compensation falls into two basic categories: economic damages and non-economic damages. Economic damages are losses that have a clear price attached to them, such as compensation for medical bills, loss of income during recovery, or loss of future income if your health is damaged to the point of affecting your ability to work.

Non-economic damages are a little trickier because they have no clear dollar amount attached. Non-economic damages include things like pain and suffering and emotional distress. These damages can be tough to calculate, and you may need help from a lawyer and their resources to calculate them accurately.

Illness can cause trauma, even if you’re recovering quickly. For example, if you’re sick because a trusted professional gave you a drug that was supposed to be safe, and instead, it made you ill, you may now have anxieties about doctor visits.

In cases where the party at fault is found guilty of covering up information that caused harm to others, you may also be able to sue for punitive damages. Punitive damages are intended specifically to punish the guilty party and can include jail time.

Regardless of the type of damages you’re seeking, it’s vital to have a legal representative who knows how to calculate these damages. Attorneys who regularly see these cases have the best chance of ensuring that there are no loose ends and that you get your maximum compensation, for a minimal amount of stress.

Contact a Miami Defective Drug Lawyer Today

If you or someone you love has suffered injuries or illness due to the use of a defective drug, don’t wait. The sooner you seek out legal counsel, the sooner you will be able to get the compensation you deserve and move on with your life.

Even if you feel comfortable with your financial state, it is also vital to hold the guilty party accountable for their actions or inactions so that no one else suffers from the same defective drug again.

At Fischer Redavid PLLC, these compassionate attorneys regularly handle defective drug cases and are experienced in getting the maximum possible compensation for their clients.