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Bonita Springs Defective Drugs & Medical Devices

Qualified Personal Injury Lawyers in Naples, Fort Myers & Southwest Florida 

When you follow a treatment plan your doctor or medical professional recommends, you’re putting your trust in them on account of their education and medical expertise. If they prescribe you a certain drug or medical device, and that drug or medical device ends up injuring you—you may be able to file a claim.

Who Decides if a Drug or Medical Device Is Safe?

Medicines and medical devices must undergo a clearance process before being marketed for public use.

The Food and Drug Administration (FDA) is a government agency whose mission is to promote and protect public health. They oversee the process by which drugs and medical devices are evaluated for safety. 

Drugs used to treat disease is a rather straightforward concept, but the definition of a medical device may be unclear. A medical device is intended to cure, prevent, or treat a disease. It can be an instrument or implant. Examples of medical devices include:

  • Activity trackers, such as an Apple Watch or Fitbit
  • Artificial hip joint
  • Cosmetic implants
  • Dialysis equipment
  • Glucose meters
  • Holter monitor
  • Pacemaker

The FDA classifies medical devices according to three classes. Class 1 indicates the lowest risk to a patient; class 2 indicates a moderate risk to a patient; class 3 indicates the highest risk to a patient. 

Medical devices go through two types of approval processes:

  1. Premarket notification – This process is reserved for devices that fall under class 1 or 2; it serves to prove that the device in question is equivalent or comparable to a similar device that’s already been marketed in the U.S.
  2. Premarket approval – This process is reserved for devices that fall under class 3. The manufacturer must provide evidence to prove the medical device is safe and effective for use.

The processes by which medicines and medical devices are approved are extensive. It’s wise to contact a capable attorney as soon as possible to initiate a thorough investigation of your claim.

Who’s Liable for My Injury Due to a Defective Drug or Medical Device?

In most cases, the manufacturer of the faulty drug or medical device is liable (responsible) for injuries caused by faulty drugs or medical devices. The manufacturer is expected to provide safe, reliable products to the public and their failure to do so indicates their lack of reasonable caution during the clearance process as well as false advertising.

How Long Do I Have to File a Defective Drug or Medical Device Claim in Florida?

According to Florida’s statute of limitations, you typically have four years to file a claim for your injury from a defective drug or medical device. The statute of limitations starts the moment you discovered your injury, as the dangerous effects from these therapeutics may not be realized until several years later.

How We Can Help You with Your Defective Drug or Medical Device Claim

Our attorneys understand how complex defective drug and medical device claims are—that’s why we’re well-versed in this area of law and know what steps to take when it comes to reviewing and building your case.

Some of the ways we can help you with your claim include:

  • Investigate the FDA approval process – Once you retain our legal representation, we can research the approval process that occurred regarding the faulty drug or medical device you were injured by. We’ll aim to find out if the drug or device received premarket approval and underwent clinical trials to test its safety and efficacy.
  • Gather your medical records – We know collecting medical records is an arduous process. We can obtain and review your medical records to understand how you were injured by a particular drug or medical device.
  • Seek financial recovery – We’re committed to helping our clients receive fair financial recovery for their pain and suffering and can take your case to trial if necessary.

Call Us Today for a Free Consultation

At Pittman Law Firm, P.L., our compassionate legal team recognizes your injury as a serious matter. With over two decades of experience, you can trust in our ability to evaluate your case and fight for your rights.

Call (239) 603-6913 today to find out how our Florida defective drug and medical device attorneys can assist you with your claim. You may also submit your information here to schedule your free consultation.

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Our team has over 25 years of experience fighting for the rights of the injured. Contact us today!

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