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People all over the world count on prescription and over-the-counter medications to remain healthy on a daily basis. When a healthcare provider prescribes you medication, you expect it to make you feel better. Consumers are generally aware that most prescription drugs come with some adverse side effects.
However, when there are hazardous side effects that the manufacturers know about and fail to disclose, a local personal injury attorney can help you hold them accountable in civil court. If a defective medication caused you or a loved one undue harm, consider working with our seasoned Orlando dangerous drug lawyers to discuss the details of your situation.
There are three types of dangerous drug lawsuits in Orlando. A skilled attorney can help review a particular case to determine which category it would fall under. To prove liability for a dangerous drug, the plaintiff will need to establish one of the following types of defects:
A drug may become defective when an imperfection occurs in its design process, leading to a dangerous flaw in the final product. If manufacturers produce a medication according to a defective design, each iteration of the drug will be dangerous to consumers.
Manufacturing defects occur when there is a mistake in the manufacturing process, or the drug gets contaminated. This causes certain iterations of the medication to become dangerous and may not impact all consumers of the drug.
Failure to warn or a marketing defect occurs when the manufacturer or pharmaceutical company fails to give adequate warnings about known, adverse side effects. Incomplete drug warning labels or those that are too difficult to read can create civil liability. Marketing defects may also occur when manufacturers and pharmaceutical companies provide inadequate instructions for proper use and dosage of certain medications.
According to Florida Statutes §95.11(3)(e), someone who becomes ill from taking a hazardous medication has up to four years to file the legal action. When a dangerous drug results in someone’s premature death, their surviving loved one will have only two years to file a lawsuit with a local civil court.
If the affected party does not immediately know they have been harmed by a defective drug, the court may grant an exception for discovery. In other words, the statute of limitations won’t begin until the person knows or should reasonably know of the harm after taking the medication.
It is advisable to work with a knowledgeable lawyer in Orlando who is familiar with the various exceptions to the statute of limitations and how they may apply in a particular dangerous drugs case.
Consumers may expect certain side effects with the prescriptions they take. However, when unforeseen and life-altering illnesses occur after taking a medication, you may be able to hold the drug manufacturer responsible.
If a defective medication caused you or a loved one to suffer undue harm, call a seasoned Orlando dangerous drugs lawyer to go over the details of your case. Keep in mind that state law enforces strict timelines on filing a legal action in civil court. Call today to get the legal representation you need.
