Defective Drugs & Medical Devices
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When someone is injured because of a defective drug or faulty medical device, Florida law deals differently with the situation than other personal injury cases. When injuries result from health care and medical products, e.g., drugs or medical devices, the law lowers the injury victim's legal burden to prove their case.
When a plaintiff has been seriously hurt by a defective drug or faulty medical device, Florida law protects them by making their lawsuit burden lighter: expert plaintiffs’ personal injury attorneys like J.B. Harris only have to prove the product itself was defective. They do not have to additionally prove that the defendant actions were negligent in order for the plaintiff to be victorious.
In these product liability cases, hospitals, doctors, clinics, manufacturers, sellers, and any other parties in the distribution chain can be found legally responsible for the harm that has resulted from the defective drug or faulty medical device. The dangerous item need only have been sold in the marketplace to put these companies in the position of defendant when the product results in harm to an individual.
Defective products include drugs and medical devices such as:
- Accutane
- Adderall XR
- Ambien
- AMO Complete Moisture Plus Multi-Purpose Solution
- Aredia
- Avandia
- Baycol
- Benzene
- Beryllium
- Bextra
- Byetta
- Celebrex
- Celexa
- Chantis
- Cialis
- Composix Kugel Mesh Patch
- Crestor
- Darvon / Darvocet
- Duragesic Patch
- Effexor
- Ephedra
- Evista
- Fire Star RX and Dura Star RX PTCA Balloon Catheters
- Fluvoxamine
- Fosamax
- Gleevec
- Guidant Defibrillator / Pacemaker
- Heparin
- Lasik Eye Surgery
- Lead Poisoning
- Levitra
- Lexapro
- Meridia
- Mirapex
- Motor Vehicle Defects (Ambulance, EMS)
- Neurontin
- Ortho Evra Patch
- Paxil
- Perchlorate
- PPA
- Prempro
- Promethazine HCl
- Provera
- Prozac
- ReNu with MoistureLoc
- Risperdal
- Seroquel
- Serzone
- Symbyax
- Tequin
- Terbuthiane
- Triaminic Vapor Patch
- Viagra
- Vioxx
- Welding Rods
- Zoloft
- Zometa
- Zyprexa
Defects in these medical products occur in only three possible ways: (1) a design makes the product inherently unsafe; (2) manufacturing errors have occurred; or (3) marketing or labeling errors, where there are inadequate safety warnings or the product is simply labeled wrong.
If you or a loved one has been harmed by a defective drug or faulty medical device, then damages may be available to you to compensate for your losses. Proving your case will probably need expert testimony and other complexities, to establish the drug’s defects or the medical devices’ faults, as well as assessing the short-term and permanent damages that have resulted, and having experienced personal injury legal counsel like Florida attorney J.B. Harris in these types of cases is especially important.
For further information:
If you or a loved one has been seriously injured or killed due to a defective drug or faulty medical device, then you may have a legal claim for legal damages as well as the right for justice against the wrongdoer and you are welcomed to contact the Miami personal injury lawyers at J.B. Harris, P.A. to schedule a free initial legal consultation at (305) 374-6360.
