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Defective Products - Drugs/Medication

Patients rely on drugs and medications – including prescription medication and over-the-counter drugs – to treat symptoms and in order to heal. Pharmaceutical companies make many billions of dollars from these products and customers expect that these products are carefully tested before being sold in pharmacies. There are regulations which demand that companies carefully test all new pharmaceutical products carefully, warn customers of potential side effects, and dispense the product safely. Unfortunately, each year people are seriously injured or killed due to medication defects.

If you have taken a medication or over-the-counter drug and have suffered serious side effects, such as an unexpected allergic reaction, a complication of your symptoms, or other injury, you may be eligible to file a products liability claim in Miami or South Florida community. You can file a legal claim to recover medical costs, the cost of the medication itself, lost income, and other costs related to your injury. The Flaxman Law Group legal team has worked with thousands of personal injury victims and product liability cases across South Florida over the past 25 years. They have seen firsthand how devastating medical malpractice and medication defects can be. Contact the Flaxman Law Group legal team today if you need to discuss product liability further and would like more information about your possible claim.

Who is liable in a product liability case involving medication?

In a product liability case involving over-the-counter or prescription medication, there may be multiple liable parties, including:

  • The pharmacy
  • The manufacturer of the drug
  • The testing laboratory where the drug was tested
  • Pharmaceutical sales representatives
  • Your doctorThe hospital or clinic that prescribed the drug

All of these people are involved in the chain of distribution of the drug and may all be partly liable for your injuries if you are injured by a defective medication.

How do I know if my injuries were caused by defective medication?

If you have taken a medication and experience severe side effects, complications, burns, eye injuries, or other serious injuries, you will need to speak with a personal injury attorney in Miami or your Florida community in order to determine whether you have a case. In general, if it can be proved that drug defects caused your injuries and that your injuries have caused lost income, medical expenses, pain and suffering, and other damages, you may have a claim. In a defective drug case in Miami or Florida, attorneys are generally trying to prove that a drug is defective because:

  • There was a defect in the manufacturing process. The drug may have been tampered with, tainted, incorrectly dosed, mislabeled, or otherwise compromised at any point during the manufacturing process.

  • The pharmaceutical company selling the drug did not market the drug correctly. The drug company may not have adequately tested the drug to determine that certain side effects were a possibility. In some cases, the company may have deliberately tried to hide the fact that the drug had serious side effects or risks. In these cases, victims can seek punitive damage as well as other forms of compensation.

  • There was inadequate or incorrect marketing of the drug. If there was incorrect labeling, inadequate warnings or instructions on the drug, or if the patient received incorrect or inadequate advice from the pharmacist, doctor, warning labels on the drug, or through any other official source, the victim may seek compensation in cases where the lack of accurate information led to an injury.

If you have been injured after taking a medication and believe you may have a personal injury claim in Miami or South Florida, contact the Flaxman Law Group legal team to discuss your case with a personal injury attorney. Your first consultation is absolutely free and comes with no obligation.