Orlando Defective Drug Attorneys
Americans are accustomed to relying on over-the-counter and prescription drugs to treat illness and help manage chronic health conditions. We take these drugs because we believe they are safe and effective. Most of the time, they are safe and effective; however, defective drugs do make it into the marketplace and when they do, they can cause serious, even fatal, injuries.
If you have been injured by a defective drug, the Orlando defective drugs attorneys at Warner & Warner can help. We have extensive experience fighting for the rights of victims that suffered physical injuries and emotional trauma because of a defective drug. We are committed to holding the responsible parties accountable and ensuring that you are fully and fairly compensated for injuries you sustained.
Oversight of Prescription Drugs
In the United States, pharmaceutical companies bring in billions of dollars each year selling prescription drugs. Before those drugs can be made available to the public, they must go through a rigorous Food and Drug Administration (FDA) approval process. The purpose of that approval process is to assure that the drugs Americans take are safe, secure and effective. However, despite FDA oversight, defective drugs are dispensed to patients who may suffer severe side effects, including death.
The Center for Drug Evaluation and Research (CDER) is the branch of the Food and Drug Administration (FDA) responsible for approving new drugs. According to the CDER, to gain FDA approval, a new drug must go through lab testing followed by three phases of clinical trials involving humans. Phase I involves 100 carefully chosen volunteers. If Phase I is successful, the drug moves to Phase II which involves 100-300 volunteers selected because they suffer from the condition targeted by the drug. Phase III is the final stage of approval and involves at least 1000 subjects. A drug must successfully make it through Phase III before being released to the public.
What Is a “Safe” Drug?
With such a lengthy approval process, you might understandably assume that unsafe drugs could not possibly make into the U.S. marketplace. However, that is not the case. Part of the misunderstanding about drug safety lies in the definition of a “safe” drug. You likely equate the word “safe” with “not dangerous” or “unlikely to cause or result in harm, injury, or damage.” Safe has a different meaning, however, to the FDA. A “safe” drug is one in which the “benefits of the drug outweigh the risks for the population the drug is intended to treat and for its intended use.” In other words, a safe drug can still be dangerous and cause harm.
Even the experts question the safety of drugs approved by the FDA. In 2006, the Union of Concerned Scientists and Public Employees for Environmental Responsibility distributed a 38-question survey to 5,918 FDA scientists to examine the state of science at the FDA. Among the disconcerting results of that survey are the following:
- Only 47 percent think that the “FDA routinely provides complete and accurate information to the public.”
- Just 49 percent agree that “FDA leadership is as committed to product safety as it is to bringing products to the market.”
- 1 in 5 say they “have been asked explicitly by FDA decision-makers to provide incomplete, inaccurate or misleading information to the public, regulated industry, media, or elected/senior government officials.”
- 26 percent feel that FDA decision-makers implicitly expect them to “provide incomplete, inaccurate, or misleading information.”
- Nearly 70 percent believe the FDA has insufficient resources to effectively perform its mission of “protecting public health and helping the public get the accurate, science-based information they need to use medicines and foods to improve their health.”
Prescription Drug Lawsuits
When a prescription drug does more harm than good, it may be the subject of an FDA recall. Unfortunately, sometimes that recall comes too late for victims – and sometimes it does not come at all. Consequently, many well-known prescription drugs have been the target of lawsuits. For example, Avandia and Actos, both designed to help type 2 diabetes patients, may also increase the risk for heart failure and certain types of cancer. The birth control pill Yaz (also known as Ocella) may also increase the risk for blood clots, including a potentially deadly condition called deep vein thrombosis.
In legal terms, a drug may be defective in one of three ways, including:
- The drug was defectively manufactured (meaning it was tainted at the manufacturing plant, during shipment, or improperly compounded at a pharmacy).
- The drug had dangerous side effects that weren’t clearly labeled.
- The drug was tested or marketed improperly.
If you think you or a family member has been injured by defective medication, consult with an experienced Orlando defective drug attorney is important. A defective drug attorney from Warner & Warner will be able to help you decide if pursuing legal action against those responsible for the defective drug is in your best interest.
How an Experienced Orlando Defective Drug Attorney Can Help You
In addition to helping you decide to pursue legal action, an experienced Orlando defective drug attorney can determine all the parties who may be liable for your injuries. Often, more than one party shares the responsibility, including:
- Hospital or clinic
- Pharmaceutical sales representative
- Pharmaceutical company
- Testing lab
- Pharmacy or pharmacist
The experienced Orlando defective drug attorneys at Warner & Warner will examine all of the evidence in your case and determine all of the parties who bear responsibility for your injuries. We will then take legal action against them to help you obtain the maximum compensation possible for the injuries you have suffered.
What Compensation Is Available for Injuries Caused by Defective Drugs in Orlando?
If you have been injured by a defective drug, you may be able to take legal action against those responsible and obtain substantial compensation for the economic and non-economic damages you suffered because of the drug. The amount of financial compensation you may be eligible for depends on the specific circumstances of your case. However, in general, Florida law provides for these potential damages: Medical and other healthcare expenses, both current and future
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Emotional trauma
- Lost support and services
- Other damages recoverable under Florida law
When to Consult with an Orlando Defective Drug Attorney
If you believe you have been injured by prescription or over-the-counter medication, you may be entitled to compensation for medical treatment and loss of income as well as pain and suffering or emotional distress. You need an experienced attorney on your side with the commitment and resources required to go up against the at-fault party (or parties), which may include a pharmaceutical company and its legal team.
The Orlando defective drug attorneys at Warner & Warner are dedicated to holding pharmaceutical companies responsible when they allow defective drugs into the marketplace and to ensuring that victims are fully compensated for all their injuries. Contact the defective drug attorneys at Warner & Warner today at 321-972-1889 or online to schedule a free case review.