Can I bring a defective drug injury claim if the drug has been recalled?
Yes, you can bring a defective drug injury claim if the drug has been recalled in Florida. A recall does not absolve a manufacturer of liability for a defective drug injury, and the individual may still bring a claim for damages for harm caused by the defective drug. If the case is successful, the individual may be able to recover costs associated with medical bills, lost wages, and pain and suffering due to the defective drug injury. When determining whether to pursue a defective drug injury claim, it is important to consider the statute of limitations applicable to individual cases. In Florida, a person seeking to bring a product liability claim for a defective drug injury must do so within four years of the date the injury occurred. This means that a person must bring a claim for a defective drug injury within four years of the date the person discovered or should have discovered the injury, whichever is earlier. It is important to note that proving liability for a defective drug injury claim can be complicated and require the help of a knowledgeable defective drug injury attorney. An attorney can provide guidance on the facts needed to establish a successful claim and the strategies for pursuing a defective drug injury claim in Florida.
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