If you or a loved one has been harmed by a dangerous pharmaceutical drug or defective medical device, you may have a right to compensation. Phillips, Hunt & Walker represents victims of product liability claims throughout Florida and beyond, including complex multi-district litigation (MDL) cases.

John M. Phillips is

• Board Certified in Civil Trial Law (one of Florida's top 1% trial attorneys)
• AV-Preeminent rated by Martindale-Hubbell
• Licensed to practice in FL, GA, AL, NY, TX, IL, OK, and DC
• Secured a $49.5 million verdict (largest in Duval County history, 2019)

No copy costs. No interest on copies. Contingency fee representation.

Why Choose Phillips, Hunt & Walker?

When your health is on the line, your attorney must have the expertise, resources, and commitment to fight for maximum compensation. Here's what sets us apart:

Board Certification in Civil Trial Law

Board Certification is not a marketing credential—it's proof of mastery. John M. Phillips earned his Board Certification after meeting Florida's rigorous standards: years of trial experience, peer review, and a comprehensive examination. Only the top 1% of Florida attorneys achieve this distinction. When your case goes to trial, you want someone who has proven expertise in complex litigation.

In dangerous drug and medical device cases, Board Certification matters. These cases often involve expert testimony, complex regulatory frameworks, and sophisticated opposing counsel from major corporations. Your attorney needs the courtroom experience and legal knowledge to handle them.

Multi-State Licensing for MDL Cases

Many dangerous drug cases become part of multi-district litigation (MDL) consolidated in federal court. If your case qualifies, you may benefit from joining thousands of other victims in coordinated litigation. This requires attorneys licensed to practice in multiple states—and in federal court.

Phillips, Hunt & Walker is licensed in eight states: Florida, Georgia, Alabama, New York, Texas, Illinois, Oklahoma, and Washington, D.C. We have the jurisdictional reach to represent you whether your claim proceeds in state court, federal court, or as part of a national MDL. You get a local Jacksonville attorney with national litigation capability.

No Copy Costs, No Interest on Copies

Product liability litigation requires extensive documents: medical records, pharmaceutical company internal communications, regulatory filings, expert reports, and discovery materials. These costs can run thousands of dollars. At Phillips, Hunt & Walker, we absorb these expenses. You don't pay for copies, and you don't pay interest on copy expenses. Our contingency fee arrangement means you pay nothing unless we win.

This commitment to our clients means we absorb the financial risk and focus entirely on building a winning case.

What Are Dangerous Drug & Defective Medical Device Claims?

A dangerous drug or defective medical device claim arises when a pharmaceutical product or medical device causes harm due to defects, inadequate warnings, or improper marketing. Unlike simple medical malpractice, these cases focus on the

product itself

—not the way a doctor prescribed or used it. Common types of dangerous drug claims include:

Defective Design

The pharmaceutical or device was unreasonably dangerous due to its chemical composition, structure, or manufacture. Even if properly manufactured, the design itself poses unacceptable risks.

Manufacturing Defect

The product was manufactured improperly, deviating from its design specifications. Examples include contamination during manufacturing or incorrect dosage in batch production.

Inadequate Warnings

The manufacturer failed to warn doctors or patients about known risks or side effects. Warnings must be reasonably prominent, clear, and communicate the extent of danger.

Off-Label Marketing

Pharmaceutical companies sometimes promote drugs for uses not approved by the FDA. When marketed off-label without scientific support or with hidden risks, the company may be liable.

Contaminated Drugs

Generic medications or imported pharmaceuticals may be contaminated with harmful substances, bacteria, or foreign materials during manufacturing or transport.

Defective Medical Devices

Surgical implants, diagnostic equipment, and other medical devices may fail, fracture, or cause infection due to design or manufacturing defects.

Types of Dangerous Drug Cases We Handle

Dangerous drug litigation takes many forms. Below are the most common cases we represent clients in:

Opioid Overprescription & Addiction

Prescription opioids—including OxyContin, fentanyl patches, and hydrocodone—have devastated thousands of families through addiction and overdose death. Pharmaceutical companies failed to warn about addiction risks, minimized the dangers, and engaged in aggressive marketing to doctors. Many cases are now consolidated in federal MDL litigation. We help victims and families hold manufacturers accountable.

Contaminated Generic Drugs

Manufacturing facilities producing generic medications have been linked to severe bacterial contamination, resulting in infections and deaths. Victims of contaminated generics often have strong liability claims against manufacturers and distributors.

Recalled Medications

When medications are recalled due to manufacturing defects, unexpected side effects, or safety issues, patients who were harmed before the recall may have claims. Recalls are often an admission that the drug posed unreasonable risks.

Undisclosed or Severe Side Effects

Many drugs cause serious side effects that manufacturers knew about—or should have known about—but failed to disclose. Examples include heart attacks, strokes, kidney failure, liver damage, and severe allergic reactions caused by medications marketed as safe.

Defective Medical Devices

Surgical implants and medical devices have a high failure rate. Common problematic devices include:

• Transvaginal mesh (TVT-O, TVT, Prolift) causing erosion, infection, and chronic pain
• Defective hip replacements (metal-on-metal hips) causing metallosis and necrosis
• IVC filters that fracture or migrate, causing pulmonary embolism
• Defective surgical instruments and cardiovascular devices

Florida Product Liability Law

Florida law provides multiple pathways to hold manufacturers, distributors, and sellers liable for defective products. Understanding these legal theories strengthens your claim.

Strict Product Liability

Under strict product liability, you don't need to prove the manufacturer was

negligent

—only that the product was defective when it left the manufacturer's control and caused your injury. This is a powerful legal theory because it shifts the burden of product safety to manufacturers, who have the most control over design and manufacturing.

Negligence

You can also prove negligence: that the manufacturer breached a duty of care by failing to design a safer product, conduct adequate testing, or warn of known risks.

Breach of Warranty

Products carry implied warranties: that they are safe for their intended use and free of defects. Breach of warranty claims can succeed even if the manufacturer exercised reasonable care.

Comparative Negligence: Fla. Stat. §768.81

Florida law follows

pure comparative negligence

—meaning you can recover damages even if you are partially at fault, as long as your negligence is not greater than the defendant's. For example, if you are 20% at fault and the manufacturer is 80% at fault, you recover 80% of your damages.

Statute of Limitations: Fla. Stat. §95.11

The statute of limitations for product liability claims in Florida is

four years

from the date of injury. For wrongful death claims, the period is two years from the date of death. However, if you discover the injury later—for instance, years after taking a medication—the

discovery rule

may extend this deadline. In any case, consult an attorney promptly to ensure you meet the deadline.

Who Can Be Held Liable?

Multiple parties can be liable in a dangerous drug or medical device case:

The Manufacturer

The drug or device manufacturer is typically the primary defendant. Manufacturers have a duty to design safe products, warn of known risks, and ensure quality control during manufacturing.

Distributors & Wholesalers

Pharmaceutical distributors who supply drugs to pharmacies can be held liable for defective products passing through their supply chain, particularly if they fail to inspect for contamination or recalls.

Pharmacies

Retail pharmacies may bear liability if they dispense recalled medications, contaminated drugs, or products with known defects without warning patients.

Prescribing Doctors

While less common in product liability, a prescribing physician can be liable under medical malpractice theories if they ignored obvious warnings, prescribed to contraindicated patients, or failed to monitor for side effects. This is distinct from the manufacturer's strict liability.

Multi-District Litigation & Class Actions

When thousands of people are injured by the same drug or device, individual lawsuits can be consolidated for efficiency. Understanding these aggregation mechanisms is critical for your case strategy.

What is Multi-District Litigation (MDL)?

Multi-District Litigation is a federal procedure that consolidates similar lawsuits filed in different federal courts into a single coordinated proceeding. An MDL is created when multiple cases share common issues of fact and law. A Judicial Panel on Multidistrict Litigation (JPML) decides whether to establish an MDL and where it will be centralized.

In an MDL, individual cases are not merged. Instead, they are coordinated for discovery, pretrial motions, and settlement negotiations. Each plaintiff's case remains separate, allowing for individualized damages awards based on injury severity and circumstances.

Current MDL Examples

Current major MDLs include:

• Opioid litigation (consolidated in various federal courts)
• Transvaginal mesh device MDL
• Metal-on-metal hip replacement MDL
• IVC filter complications MDL

Why Multi-State Licensing Matters

If your case qualifies for MDL, it will be litigated in federal court—potentially far from Jacksonville. Your attorney must be admitted to practice in that federal court. Additionally, depositions, settlement conferences, and trials may require courtroom appearances in multiple states.

Phillips, Hunt & Walker's licensing in eight states—plus federal court admission—ensures we can represent you effectively whether your case proceeds locally or becomes part of a nationwide MDL. You get the benefit of a Board Certified local attorney with national litigation reach.

Class Actions

A class action allows a representative plaintiff to sue on behalf of all similarly situated persons. In dangerous drug cases, a class might consist of all patients who took a specific medication during a certain period. Class actions can be efficient for resolving widespread product liability claims, though individual recovery may be lower than in MDL cases.

Compensation Available in Dangerous Drug Cases

If you prevail in a dangerous drug or medical device case, you may recover compensation for:

Medical Expenses

All past and future medical costs related to your injury: hospitalization, surgery, medication, rehabilitation, and ongoing treatment.

Lost Wages

Income lost due to inability to work during recovery, plus diminished earning capacity if the injury prevents future work or limits career advancement.

Pain and Suffering

Compensation for physical pain, emotional distress, anxiety, depression, and loss of enjoyment of life resulting from the injury.

Permanent Disability

If the injury causes lasting disability, disfigurement, or loss of bodily function, you may recover substantial damages for reduced quality of life.

Wrongful Death

If a defective drug or device caused death, family members may recover for funeral expenses, loss of companionship, and lost financial support.

Punitive Damages

In cases of gross negligence or intentional misconduct—such as when a manufacturer knowingly hid safety data—courts may award punitive damages to punish the wrongdoer and deter similar conduct.

Signs You May Have a Dangerous Drug or Medical Device Claim

You may have a claim if:

• You were injured by a pharmaceutical drug or medical device
• Your injury occurred while using the product as directed (or despite following directions)
• The product has been recalled or linked to serious side effects
• The manufacturer failed to warn of known risks
• The drug or device has design or manufacturing defects
• You are part of an MDL or class action
• Your injury occurred within the statute of limitations (four years for personal injury, two years for wrongful death)

Frequently Asked Questions

1. Do I need to file a separate lawsuit or join an MDL?

It depends on your case. If an MDL exists for your drug or device, you have the option to file your case in the MDL or pursue individual litigation. We analyze both options and recommend the strategy most likely to maximize your recovery. Some cases benefit from the coordinated discovery in an MDL; others proceed faster individually.

2. What does 'contingency fee' mean?

We represent you on a contingency fee basis, meaning we receive a percentage of your settlement or judgment—typically one-third of gross recovery. If we don't win, you pay nothing. This arrangement aligns our incentives with yours: we only profit if you do.

3. What is the statute of limitations for a dangerous drug claim?

In Florida, the statute of limitations is four years from the date of injury for personal injury claims, and two years from the date of death for wrongful death claims. The 'discovery rule' may extend this if you discover the injury later. Do not wait—consult an attorney immediately.

4. How long does a dangerous drug case take?

Timeline varies widely. Simple cases may settle within one to two years; complex litigation can take three to five years or longer. MDL cases often follow a structured timeline set by the court. We keep you informed every step of the way.

5. Will my case go to trial?

Most dangerous drug cases settle, but we prepare every case for trial. Our Board Certified trial experience means we are ready to fight in court if the manufacturer refuses a fair settlement.

6. Can I join a class action and also have individual representation?

Yes, in many cases. If a class action is certified for your drug or device, you can opt into the class and receive a share of any class settlement. Alternatively, you can opt out and pursue individual litigation with an attorney. We advise on the best strategy for your specific injury and circumstances.

7. Do I need medical expert testimony to prove my case?

Yes, in most cases. An expert physician or medical professional must establish that the drug or device caused your injury and that the injury meets the legal threshold for product liability. We work with a network of highly qualified experts who understand the complexities of dangerous drug litigation.

We Serve Jacksonville, Florida and Beyond

Phillips, Hunt & Walker is based in Jacksonville, Florida at 660 Park Street, Jacksonville, FL 32204. We serve clients throughout Florida and represent clients in multi-state MDL litigation.

Contact us today for a free, no-obligation consultation.

Contact Phillips, Hunt & Walker Today

If you or a loved one has been harmed by a dangerous drug or defective medical device, don't wait. Board Certified civil trial attorney John M. Phillips is ready to fight for your rights.

Phone: (904) 444-4444

Address: 660 Park Street, Jacksonville, FL 32204

No copy costs. No interest on copies. Contingency fee representation.