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Miami, Florida

Pharmaceutical Injuries

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Pharmaceutical Injuries

Many people take at least one medication each day to maintain their health. Others may take prescriptions for specific illnesses or injuries. When doctors prescribe medications, we trust they are safe to use.

However, a person may sustain a pharmaceutical injury due to negligence or wrongdoing. Sadly, these injuries can result in life-altering impairments and wrongful death. If you suffered damages from a pharmaceutical injury, you can seek compensation from the at-fault party.

Common Causes of Pharmaceutical Injuries

Any medication you take has potential side effects. Drug manufacturers should disclose possible side effects and risks on the packaging and materials included with medications. Additionally, doctors should discuss the dangers of taking specific medicines before prescribing them to patients.

Common causes of pharmaceutical injuries include:

  • Defects in the manufacturing process
  • Contamination of medications
  • Failure to disclose potential side effects and risks
  • Mislabeled medications
  • Inherently dangerous components
  • Concealing adverse events
  • Incorrect and/or deceptive marketing
  • Failing to check for drug interactions before prescribing medications
  • Prescribing the incorrect dosage or medication
  • Pharmacy errors and mistakes
  • Dispensing the incorrect medication or dose in a hospital, nursing home, or other medical facility

A lawyer can investigate your pharmaceutical injury claim to determine what factors contributed to the cause of your harm. They will identify the parties responsible for those factors and pursue compensation.

Defective Drugs and Pharmaceutical Errors Can Cause Catastrophic Injuries and Conditions

The specific pharmaceutical injury you sustain depends on the type of drug prescribed and other factors. Injuries can be short-term with no lasting impairments, or they can be severe, life-threatening events.

Injuries and conditions caused by pharmaceutical errors and defective drugs include:

  • Traumatic brain injury
  • Nerve damage
  • Internal organ damage and bleeding
  • Stroke and heart attack
  • Loss of limbs and amputations
  • Cancer diagnosis
  • Hemorrhages
  • Depression
  • Loss of bodily functions
  • Increased blood pressure

Pharmaceutical errors and adverse drug events can lead to permanent disabilities and impairments. In the worst cases, pharmaceutical injuries lead to wrongful deaths. If you believe that a medication caused your injuries, seek immediate medical treatment. Tell your doctor about all medications you are taking and the symptoms you are experiencing.

Who Could Be Responsible for Damages Caused by a Pharmaceutical Injury?

The cause of the pharmaceutical injury is the key to determining who is responsible for your damages. 

Potential parties who could be liable in a pharmaceutical injury case include:

  • The designer or developer of a medication
  • Pharmaceutical companies
  • Doctors and physicians
  • Nursing homes, hospitals, and other medical facilities
  • Pharmacists and pharmacies

The type of claim you bring against the responsible parties depends on the facts and circumstances of your case. You may have one or more causes of action, including product liability, negligence, intentional wrongdoing, vicarious liability, and strict liability.

There must be sufficient evidence proving the legal elements to recover compensation for your damages. The injured party has the burden of proving their case. 

Evidence in a pharmaceutical injury case includes your medical records and statements from your doctors. It can also include opinions from expert witnesses as to how the medication could cause the injuries and damages you sustained. An expert may need to examine the medication to determine the exact reason why it caused your injuries.

What Damages Are Available in a Pharmaceutical Injury Claim in Florida?

Damages are the remedy the court offers to make you “whole again” after another party causes you harm. 

For a pharmaceutical injury claim, you could receive compensation for your economic damages, including:

A pharmaceutical injury can also cause pain and suffering damages

These non-economic damages include:

  • Emotional distress and mental anguish
  • Reduced quality of life
  • Scarring and disfigurement
  • Physical pain
  • Loss of enjoyment of life
  • Impairments and disabilities

Your damages determine how much your claim is worth. However, other factors can impact the amount you receive in a pharmaceutical injury case in Miami, FL.

How Much Is My Pharmaceutical Injury Claim Worth?

The value of your personal injury claim depends on numerous factors, including:

  • How the injury impacted your daily life, including the ability to perform required activities of daily living (i.e., eating, bathing, dressing, etc.)
  • Your age and overall health condition before you began taking the medication
  • Whether you sustained permanent impairment or disability
  • The parties involved in your case
  • The type and severity of your injuries
  • The length of your recovery and the treatments you received
  • Whether you can return to work or earn an income
  • The financial damages incurred

Other factors can impact how much you receive in a pharmaceutical injury claim. The key is to document your damages by keeping detailed records. You can document pain and suffering by keeping a journal with details about your recovery, including emotional struggles, pain levels, and limitations caused by the injuries.

What Is the Statute of Limitations for a Pharmaceutical Injury Case in Florida?

A statute of limitations sets a deadline for filing a lawsuit. If you do not file a lawsuit before the time runs out, you lose the right to pursue a claim in court. Each state sets the statute of limitations for actions filed within that jurisdiction.

Florida’s statute of limitations for most personal injury cases is two years from the date of injury. 

However, exceptions to the rule and factors in your case could change the filing deadline for a lawsuit. The statute of limitations for your case could be shorter or longer than two years. It is best to speak with an attorney as soon as possible to avoid missing a deadline.

Pharmaceutical injury claims are complicated cases. Get advice and help from an experienced Miami pharmaceutical injury lawyer at Shaked Law Personal Injury Lawyers. You can obtain legal advice and learn how much your claim might be worth during a free consultation, call us at (305) 937-0191.