Wrongful Death Claims Involving Defective Drugs and Medical Devices in Florida

Far too often, patients who take prescription drugs and who receive medical implants suffer fatal complications. Several drugs and medical devices are known to present serious (and potentially fatal) health risks—including risks that pharmaceutical and medical device companies have fought hard to conceal. If you have tragically lost a loved one and suspect that a defective drug or medical device is to blame, you should promptly consult with a wrongful death attorney in Florida about your family’s legal rights.

Why? Because accountability is important. When pharmaceutical and medical device companies sell products that do more harm than good, they deserve to be held fully accountable. Holding them accountable will help raise awareness for other patients and families, and it will reduce the chances that they will make the same mistake again.

If your family’s wrongful death claim is successful, you may also be able to recover significant financial compensation.

Filing a Wrongful Death Claim Against a Pharmaceutical or Medical Device Company

Filing a wrongful death claim against a pharmaceutical or medical device company is a complex process. There are several steps involved; and, to establish accountability, you must be able to prove that the pharmaceutical or medical device company is legally responsible for the issue that led to your loved one’s untimely death.

With that said, filing a wrongful death claim in this scenario is also extremely important, and there is a clear path to follow. These types of cases are far more common than most people realize. Additionally, there are several potential grounds for grieving families to take legal action; and, when you file a lawsuit, you have the right to obtain the evidence you need from the pharmaceutical or medical device company during the process.  

Proving that a Drug or Medical Device is Legally “Defective”

In most cases, filing a wrongful death claim related to a pharmaceutical drug or medical implant involves proving that the drug or device is “defective” under the law. In this type of case, defects can take three main forms:

• Defects in Formulation or Design – Some medications can present serious and fatal risks for patients due to the way they are formulated. Similarly, some medical devices can present serious or fatal risks for patients due to the way they are designed. If a company formulates a dangerous drug or designs a dangerous medical implant, this can provide clear grounds to file a wrongful death claim under Florida law.
• Contamination and Other Manufacturing Defects – Defects during the manufacturing process can provide clear grounds for patients’ families to file wrongful death claims as well. For example, if a medication gets contaminated during the manufacturing process or a medical device is assembled improperly, these are both issues that would clearly warrant liability in the event of a fatal complication.
• Warning Defects (Failure to Warn) – Pharmaceutical and medical device defect claims can also be based on inadequate warnings. If a company fails to adequately disclose risks of which it is aware (or should be aware), this can provide clear grounds for liability as well. In this context, warnings on a drug’s or medical device’s packaging or labeling should be sufficiently clear to allow patients and their healthcare providers to make informed decisions.

Despite the obvious risks they entail, pharmaceutical and medical device defects are alarmingly common. Multiple pharmaceutical and medical device companies are actively facing mass tort lawsuits involving thousands of claims related to patient injuries and deaths. Whether your family is eligible to join one of these ongoing cases or you need to file a separate lawsuit of your own, if you have a claim based on a drug or medical device defect, you are entitled to seek compensation for all of the financial and non-financial consequences of your loved one’s untimely passing.

Proving that the Pharmaceutical or Medical Device Company is Legally Responsible

A unique—and important—aspect of pharmaceutical and medical device defect claims is that they do not require proof of negligence. Ordinarily, in order to hold a company legally responsible for a loved one’s death, you must be able to prove that the company’s negligence was to blame.

But, pharmaceutical and medical device defect claims involve the principle of “strict liability.” In strict liability cases, proof of negligence isn’t required. This means that if your family’s attorney can prove the medication or medical implant in question was defective, this alone is enough to establish accountability.

Proving the Damages Your Family is Entitled to Recover

If your family has a wrongful death claim related to a defective drug or medical device, another key step in the process will involve proving the damages your family is entitled to recover. Grieving families are entitled to “just” compensation for the financial and non-financial losses they suffer as a result of their loved one’s premature death.

Of course, in wrongful death cases, no amount of compensation is truly “just.” No amount of money can ever come close to compensating for the loss of a loved one. But, the reality is that losing a loved one unexpectedly can leave families facing significant and unexpected costs, and it can have other lifelong consequences for surviving family members as well.

Here too, you can—and should—rely on your family’s wrongful death attorney. An experienced wrongful death attorney will be able to accurately calculate the damages your family is entitled to recover. With this information in hand, your family’s attorney will then be able to fight for accountability on your family’s behalf.

Speak with a Wrongful Death Attorney in Florida About Your Family’s Defective Drug or Medical Device Claim for Free

Do you need to know more about filing a wrongful death claim related to complications from a defective drug or medical device? If so, we strongly encourage you to get in touch. To speak with a wrongful death attorney in Florida about your family’s legal rights for free, give us a call at 800-780-8607 or tell us how we can reach you online today.