It is an unfortunate truth that people are seriously harmed, and even lose their lives, as a result of defective drugs every year in the United States. Some drugs on the market are known to have serious and unexpected adverse side effects on those who take them. If you have been wrongfully harmed by any drug, read on to learn how an experienced Tampa product liability lawyer at Merricks Law Group can help you set up your defective drug injury claim.
Who is the responsible party for my defective drug injury?
Most commonly, pharmaceutical companies are the at-fault party in defective drug injury claims. Examples of their negligence are as follows:
- Unsafe design: drug designers are legally obligated to ensure their drugs are safe for public use.
- For your case: you must prove that there was a safer, and yet economically feasible, way to make the drug that would not hinder its usability.
- Carelessly manufactured: drug manufacturers are responsible for ensuring that they follow the blueprints provided by drug designers.
- For your case: you must prove that the manufacturer branched away from these guidelines to either cut corners, and thus the drug became unsafe.
- Improper labeling and failure to warn: pharmaceutical companies must include written warnings about potential hazards and instructions on how to use and not use the drug.
- For your case: you must prove that there was no clear marketing that would have otherwise prevented your accident from occurring.
What other grounds do I have to sue?
There are various grounds on which you can successfully sue a negligent party for your defective drug injury because, no matter the circumstances, you are still a victim. Sometimes, the responsible party for a drug injury is a negligent doctor or pharmacist who prescribed or supplied the incorrect medication to you. In this case, you may be eligible to file a medical malpractice claim with the assistance of a skilled Tampa medical malpractice lawyer.
And other times, if you lost a loved one as a result of a defective drug, a seasoned Tampa wrongful death lawyer can file a wrongful death claim on your behalf.
What steps should I take for my defective drug injury claim?
It may be tempting to throw away the defective drug after your accident. However, this would be a mistake, as this is a vital piece of physical evidence for your claim. Instead, it is best that you preserve the drug in a place where it will not pose harm to you or others. But at the very least, you should take photos of the drug, the packaging, and the damage it caused.
Contact Our Experienced Florida Firm
If you have been injured in an accident due to no fault of your own, you need an attorney who truly cares about your right to heal. Merricks Law Group handles a wide array of injury claims, including injuries sustained in auto accidents, slip and falls, and more. Contact Merricks Law Group today.