Oral contraceptives and other types of hormonal and non-hormonal birth control devices are necessary and life-changing for many women who want to take charge of their fertility, address premenstrual syndrome conditions, and control some forms of acne. However, despite rigorous testing, many hormonal birth controls have side effects that may…
Articles Posted in Defective Drugs
Drug Recalls and Pharmaceutical Warnings in Florida
Pharmaceutical companies and retailers have strong financial motivations to get their products on shelves as quickly as possible. However, in some instances, these drugs can have potentially dangerous side effects for consumers. When someone suffers injuries because of a defective drug in Florida, they may be able to recover financial…
When Does a Florida Statute of Limitations Begin to Run?
All Florida personal injury cases must be brought within a certain amount of time. Florida Statutes section 95.11 provides the statutes of limitations for each cause of action. For example, most personal injury lawsuits alleging negligence must be brought within four years; however, Florida medical malpractice lawsuits must be brought…
Florida Appellate Court Remands Defective Drug Case for Personal Jurisdiction Determination
In Teva Pharmaceutical Industries v. Ruiz, a Florida man who apparently suffered serious personal injuries after using a contaminated pharmaceutical product filed a negligence and strict liability lawsuit against an Israeli drug manufacturer in Florida. In response, the drug manufacturer filed a motion to dismiss the case for lack of personal…
Appellate Court Rules Negligence Case Against Hospital is Not Subject to Florida Medical Malpractice Act
Florida’s Fifth Circuit Court of Appeal has refused to grant a hospital’s petition for a writ of certiorari. In Holmes Regional Medical Center, Inc. v. Dumigan, a man was apparently injured by a drug that was used on him during a surgical procedure even though it was previously recalled. As a…
Tampa Federal Court Remands Medical Device Products Liability Case Back to Sarasota County
The Middle District of Florida in Tampa has remanded a products liability case back to state court. In Wier v. DePuy Orthopaedics, Inc., a man was allegedly hurt by a medical device that was surgically implanted in his hip. As a result, he filed a lawsuit against the manufacturer of…
Miami Federal Court Holds Statute of Limitations Expired in Defective Drug Lawsuit
In Plascencia v. GlaxoSmithKline, LLC, a Florida woman filed a products liability action against a drug manufacturer on behalf of her minor child and herself in 2012. According to the woman’s complaint, she ingested an anti-depressant medication that was manufactured by the drug company during the first six weeks of her…
Supreme Court Assesses Liability of Generic Drug Makers
The U.S. Supreme Court recently heard arguments regarding whether or not federal law regulating generic drugs preempts New Hampshire’s design-defect law. The case may determine whether or not the injured plaintiff is able to recover from the generic manufacturer. The trial court and lower appellate court found that federal law…
Fatal Allergic Reactions Leads to Anemia Drug Omontys Recall
The Food and Drug Administration (F.D.A.) has posted a notice that Affymax and Takeda Pharmaceuticals have recalled their drug, Omontys, or peginesatide, designed to treat anemia. It has received 19 reports of a severe allergic reaction, where three patients died and others required medical intervention. The pharmaceutical companies have explained…
Two Florida CVS Pharmacies Have Controlled Substance License Revoked
The U.S. Drug Enforcement Agency spent 2012 cracking down on entities they felt enhanced prescription drug abuse, including two CVS pharmacies near Orlando. Narcotic drug abuse often leads to serious injuries or death. Pharmacies have a responsibility to handle the drugs they prescribe with professional care. This can range from…