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  • Brent A. Couture
  • Tara C. Couture
Harmed by defective prescriptions?
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Defective Drug Lawyer in Melbourne

Bad drug attorneys representing patients in Titusville

When a Melbourne or Titusville doctor prescribes medication for a patient, the general expectation is that the patient will benefit from taking the medicine as directed. However, in a small percentage of cases, prescription drugs may leave patients in a worse state, sometimes resulting in severe injuries or even death. Although these cases make up a relatively small portion of the overall number of patients who are prescribed medicines each year, the number of bad or defective drug cases appears to be on the increase. Each year, the FDA receives more than half a million reports of adverse drug events, and there are hundreds of drug recalls issued each year. As a result, pharmaceutical companies pay billions of dollars annually to Melbourne plaintiffs whose medical malpractice attorneys file suit.

Process following a recall

When a recall for a drug is issued, the product must be removed from the market. Drug companies may alert patients of a recall through the media. Doctors are also required to notify patients to whom they have prescribed the product. A drug manufacturer or the FDA may recall a drug. Recalls are divided into three categories. Category I indicates a toxic food, defective lifesaving medical device, or drugs that may knowingly cause an allergic reaction. Category II recalled items may cause temporary or medically averse reactions that are not likely to cause a serious health injury. Category III recalls are not likely to cause an adverse reaction and may be triggered by mislabeling or a defective container.

Retaining an attorney and filing suit

Prescription drugs are products. Therefore, pharmaceutical manufacturers have a responsibility to ensure the delivery of a safe product to their customers. If a pharmaceutical company fails to produce a drug patients can use safely, patients who suffer injury may be entitled to compensation. Lawyers representing defective drug lawsuit plaintiffs may seek compensation in court to cover medical bills, lost wages, pain and suffering, and, in the cases that involve fatality, funeral expenses.

How drugs can be proven ‘defective’

There are three ways in which a drug may be considered defective to the extent that an injured patient may file a valid claim in court. A drug may have a defective design if the way in which it was created presents a hazard to patients who use the drug. Defective manufacturing occurs while the drug is being produced. Use of the wrong ingredients or failure in the quality control process are examples of a manufacturing defect. Defective marketing occurs when a drug manufacturer fails to warn customers of possible side effects, fail to provide adequate instructions for safe use, or general bad marketing of the drug that minimizes a potential safety risk. Manufacturers, sales reps, doctors, and other medical professionals may be subject to lawsuit if a drug is not marketed properly.

Time is not on your side

Patients in Brevard County should note that defective drug lawsuits in Florida have a statute of limitations of four years. Because bad drug cases are complex, patients who suspect they may have suffered a medical injury as a result of taking a prescribed or over-the-counter drug should contact an experienced bad drug lawyer in Melbourne or Titusville as soon as a potential issue arises.

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Personal Injury FAQs

At Couture Law P.A. in Melbourne, you won’t pay a penny unless our personal injury lawyers prevail at trial, or procure a settlement on your behalf. This arrangement is commonly referred to as payment “on a contingency basis.” Suffice to say, we’ll help you fight for every dollar for your pain and suffering.

The period of time from the date of the accident until you no longer can file a claim is known as the “statute of limitations.” In Florida, the amount of time in which statutes expire varies by case type. The statute of limitations for most injury cases is four (4) years. For medical malpractice and wrongful death cases, it’s two (2) years. Always err on the side of caution by consulting with your Melbourne personal injury attorney.

Because no two cases are alike, Melbourne injury attorneys should gather and analyze all of the facts regarding your case before addressing this question. After tracking down and speaking with witnesses, we’ll give you a fair, honest assessment of your unique situation – and how we can help.

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