phillips, hunt, walker & hanna Pharmaceutical Litigation, Prescription or Drug Related Injuries Lawyer in Jacksonville
Pharmaceutical drug liability cases are legal actions brought by individuals who have suffered injuries or harm as a result of taking a prescription drug. These cases typically center around the allegation that the pharmaceutical manufacturer failed to adequately warn or inform patients and healthcare professionals about the potential side effects or risks associated with the drug. These cases are a subset of product liability claims and typically focus on whether the drug was defective or unreasonably dangerous due to inadequate warnings. When pursuing such a claim, plaintiffs seek legal remedies for the injuries and damages they have suffered as a result of taking the drug.
top rated Attorney Florida’s Law on Pharmaceutical Litigation, Prescription or Drug Related Injuries
Florida has specific laws and regulations that govern pharmaceutical litigation and provide a legal framework for individuals who have suffered injuries or harm due to prescription drugs or other pharmaceutical products. Here are key aspects of Florida’s law on pharmaceutical litigation and drug-related injuries:
1. Product Liability Laws: Pharmaceutical litigation in Florida often falls under product liability laws. These laws hold manufacturers, distributors, and sellers responsible for injuries caused by their products, including prescription drugs.
2. Types of Claims: Pharmaceutical litigation in Florida encompasses various types of claims related to pharmaceutical products, including:
- Defective Drugs: Claims may arise if a drug is found to have a design defect (inherent flaw), manufacturing defect (error during production), or marketing defect (inadequate warnings or labeling).
- Failure to Warn: A common basis for pharmaceutical litigation is the allegation that the manufacturer failed to provide adequate warnings or instructions about known risks, side effects, or potential dangers associated with the drug’s use.
- Off-Label Use: Cases may involve allegations of off-label marketing, where a drug is promoted or prescribed for uses that have not been approved by the Food and Drug Administration (FDA).
3. Causation and Damages: To succeed in a pharmaceutical litigation case in Florida, the injured party typically needs to establish:
- Causation: A direct link between the use of the drug and the injuries or harm suffered.
- Damages: The extent of the injuries and resulting damages, which may include medical expenses, pain and suffering, lost wages, and other related losses.
4. Statute of Limitations: Florida has a statute of limitations that sets a time limit within which a pharmaceutical litigation lawsuit must be filed. The specific timeframe may vary depending on the circumstances and the type of claim but generally ranges from 2 – 4 years from the date of injury or discovery of the issue.
5. Regulatory Oversight: Pharmaceutical drugs are subject to rigorous testing, approval, and monitoring by the FDA. Manufacturers are required to provide safety data and warnings to gain FDA approval for their drugs. However, issues can still arise after a drug is on the market, leading to litigation.
6. Legal Representation: Pursuing pharmaceutical litigation in Florida can be complex, and it’s advisable for individuals who believe they have been harmed by a pharmaceutical product to consult with experienced product liability attorneys. Attorneys can assess the merits of the case, gather evidence, navigate legal procedures, and advocate for the injured party’s rights to seek compensation.
7. Class Actions: In some cases, multiple individuals who have experienced similar injuries due to the same drug may join together in a class-action lawsuit against the pharmaceutical manufacturer. This allows them to collectively seek compensation and streamline the legal process.
Florida’s law on pharmaceutical litigation and drug-related injuries provides a legal avenue for individuals who have suffered harm due to prescription drugs or other pharmaceutical products. These laws are designed to protect consumers and hold responsible parties accountable for defects or safety issues related to pharmaceutical products. Consulting with a qualified attorney is important when pursuing pharmaceutical litigation in Florida to ensure that one’s rights and interests are adequately represented.
phillips & hunt Results
$495+ Million Verdict
Phillips obtained one of the largest verdicts in American history of over $495+ Million dollars in the shooting death of Kalil McCoy. Her killer was also convicted in the criminal courts.Details
Jordan Davis: Wrongful Death
Represented the family of Jordan Davis and assisted with criminal prosecution of Jordan's killer, handled media relations of internationally reported case and obtained confidential maximum available civil settlement.Details
Confidential settlement of over 120 cases against a pediatric dentist who was also prosecuted. We also assisted with shutting his dental practice down. He no longer practices dentistry and was arrested.Details
We received a record $2.6 Million Jury Verdict against Volusia County. It was one of the highest ever against Volusia County. Our trial was televised on Good Morning America and reported nationally.Details
RSD / CRPS Verdict
Obtained jury verdict in Jacksonville, Florida of over $900,000 and added attorneys fees of over $250,000 on a case State Farm only offered approximately $30,000 for years.Details
$1.1 Million Verdict Against Coca-Cola
We obtained an over $1 million jury verdict against Coca-Cola in moderate impact soft tissue damages case in Gainesville, Florida. Coca-Cola failed to even offer medical bills before trial.Details
Brain Injury Medical Malpractice
Phillips obtained a confidential settlement against a chiropractor who provided prescription pain medication to a boxer in advance of an Olympic qualifying fight. She sustained a brain injury due to secondary impact syndrome.Details
$1 Million Settlement
Client's child was tragically run over and killed by a motor vehicle in her driveway. Phillips and his team settled the case for over $1 Million without the need of filing a lawsuit.Details
Over $1 Million Settlement
Cliente recibió más de $ 1 millón en accidente automovilístico. También ayudamos a clientes que hablan español. We handle cases in English, Spanish and Creole.Details
We invite you to review our verdicts, our accolades and awards and what clients have to say about us and give us a call for a free consultation where our lawyers will sit down with you personally. John represents clients in Florida, Georgia and Alabama with passion and compassion. He can be emailed at email@example.com or call us at (904) 444-4444.
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