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FAQs Regarding Defective Drug Claims

According to the Food and Drug Administration (FDA),[1] medical professionals write an estimated 3 billion prescriptions for medications on an annual basis. Because of this impressive number, it is not hard to believe that millions of people suffer adverse side effects and injuries after taking prescription medications. After a medication injury, it is only natural to have many questions regarding your legal rights. The following are some of the frequently asked questions about defective drug claims:

Can every drug injury lead to a legal claim?

While some injuries caused by a defective drug can result in a lawsuit, not every person who suffers adverse effects of a prescription drug will have a viable claim. Claims only exist when the pharmaceutical manufacturer negligently produced and sold a defective product or failed to properly warn of the possible side effects of that product. If you simply have a bad reaction to a drug due to allergies or your medical condition, it does not mean that the drug was necessarily defective or that the manufacturer was negligent. It is always a good idea to not only discuss your drug injury with a medical professional but also with a defective drugs attorney to discuss whether you have a potential legal claim.

Which drugs are known to be dangerous?

There are numerous pharmaceuticals on the market that have been or are currently the subject of litigation due to claims that the drugs are defective and dangerous. Some of these include as follows:

  • Abilify
  • Accutane
  • Actos
  • Avandia
  • Benicar
  • Byetta
  • Crestor
  • Cymbalta
  • Depakote
  • Effexor
  • Farxiga
  • Fluoroquinolone antibiotics
  • Fosamax
  • Granuflo
  • Invokana
  • Januvia
  • L-Citrulline
  • Lexapro
  • Lipitor
  • Mirena
  • NaturaLyte
  • Nesina
  • Onglyza
  • Paxil
  • Pradaxa
  • Propecia
  • Prozac
  • Reglan
  • Risperdal
  • Symbyax
  • Testosterone therapy drugs
  • Topamax
  • Tradjenta
  • Tylenol
  • Viagra
  • Victoza
  • Vioxx
  • Xarelto
  • Xolair
  • Yaz and Yasmin
  • Zantac
  • Zithromax
  • Zofran
  • Zoloft

If you have taken any of the above drugs and have experienced adverse effects, developed cancer or any other medical condition as a result, you should consult with a defective drug attorney as soon as possible.

How does a class action defective drug lawsuit work?

Because of the large number of people who get injured by pharmaceuticals each year, there are often many people who wish to take legal action against a manufacturer for a particular drug. In such instances, instead of having multiple courts hear thousands of individual cases, they can instead certify a single class action lawsuit. The class action can then be joined by anyone will similar claims and a settlement or award will be divided amongst the members of the class action. This type of lawsuit can be beneficial because every plaintiff does not have to collect their own evidence or have their own trial, thus saving time, energy, and money.

How long do I have to file a defective drug lawsuit?

Florida law[2] sets out a time limit for products liability cases and that includes defective drugs. This limit is called the statute of limitations and, in Florida, you have four years from the date of your injury to file a defective drug lawsuit. This type of case takes time to investigate and prepare, however, so you should never wait to consult with an attorney regarding your injury and losses. Additionally, if you delay discussing a possible claim, you may miss the window on joining certain class action cases.

A St. Petersburg defective medication attorney can help you recover

Taking on a giant pharmaceutical company in court can be intimidating for injured victims. However, this type of case becomes much easier to face if you have the assistance of a highly skilled and experienced defective drugs lawyer. At the Dolman Law Group in St. Petersburg, Florida, we have the knowledge and resources to face off against large companies and protect the rights of injured individuals who took defective medication. Please do not hesitate to call for a free consultation at (833) 606-DRUG [3784] today.

Dolman Law Group
1663 1st Ave S.
St. Petersburg, FL 33712
(833) 606-DRUG [3784]

https://www.dolmanlaw.com/st-petersburg-medical-malpractice-attorney/

References:

[1] http://www.fda.gov/Drugs/DrugSafety/ucm188760.htm
[2] http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/0095.html