Drugs and medical devices require U.S. Food & Drug Administration (FDA) approval before being sold in the U.S. While having an agency that approves drugs and medical devices is helpful, it often gives patients a false sense of security, as FDA approval does not always guarantee the safety of medicinal products.
Patients who are negatively impacted by defective drugs and medical devices in West Palm Beach may have physical, emotional, and psychological injuries. If you suffer negative consequences from either of these types of products, an experienced medical malpractice attorney may be able to help you recover monetary compensation for your damages.
Potential Impact of Harmful Drugs and Devices
Whether it is a drug with extreme side effects that were not reported or a surgically implanted device that was recalled for not functioning as it should, patients should not have to suffer ill effects from products they should reasonably be able to trust. Problems with defective drugs and medical devices in West Palm Beach can cause patients to miss work, incur additional medical bills, and be unable to return to their previous lifestyle.
Many people experience a significant decline in their quality of life after such an injury, and even friends and family around them can be impacted. In fact, sometimes the fallout from these products are worse than the condition that led to their use in the first place.
Recall Laws in West Palm Beach
When medications and products are rushed onto the market with little—or no—testing, the risk of a recall is high. A recall is an alert to users of a product or drug to stop using it due to reported problems.
When multiple patients report similar problems with a medication or medical product, the manufacturer is legally required to issue a voluntary recall as per 21 CFR 7. However, oftentimes once a recall is issued, a great deal of damage has already been done and patients are already suffering from the use of defective medical devices and drugs.
Compensation for Damages
Personal injury laws provide for plaintiffs to collect monetary compensation for a variety of issues that were caused by a medication or product. An experienced lawyer could help an injured individual with recovering the compensation that they deserve. When a judge or a jury award compensation to the plaintiff, they may consider some or all of the following economic damages to determine the appropriate amount:
- Loss of earnings
- Loss of future earnings
- Medical bills
- Cost of future medical care
- Household expenses
- Costs associated with canceled trips or altered plans
Some plaintiffs may also ask for non-economic damages to be awarded depending on their circumstances. These may include:
- Pain and suffering
- Mental anguish
- Loss of consortium or companionship
Even if a case is settled before it reaches the courtroom, these factors would be considered by both the plaintiff and defendant in determining a settlement amount.
Get Justice for Injuries Caused Defective Medical Devices and Drugs in West Palm Beach
If you believe you were negatively impacted by defective drugs and medical devices in West Palm Beach, you have legal rights and options for pursuing financial restitution. One of these rights is to contact a lawyer who has experience in seeking justice for injuries caused by these kinds of products.
A seasoned attorney could assess the circumstances of your injuries and determine if you have a valid legal case. If so, your lawyer could represent you and work with you to pursue fair compensation for your suffering. Call today to learn more about your legal options.