Can I file a defective drug injury claim if the drug is not yet approved by the FDA?

No, you cannot file a defective drug injury claim in Florida if the drug is not yet approved by the FDA. This is because FDA approval is a sign that the drug adheres to federal safety standards. Before the FDA approves a drug, it looks into the drug’s potential risks and other associated issues. Additionally, it conducts clinical trials which test the drug’s safety, efficacy, and other pertinent information. If the drug passes all these tests, then it is approved and made available on the market, and only after this approval can it be used to file a defective drug claim. In regards to defective drug injury claims, the FDA defines an approved drug as one that has been “tested and found to be safe and effective”. If the drug has not yet been approved by the FDA, this means that the drug has not met certain standards set by the FDA. Therefore, filing a defective drug injury claim would be difficult if the drug is not yet approved. It is also important to consider that the drug would not be available to purchase at this point. In conclusion, if the drug you feel has injured you has not yet received FDA approval, then you are not able to file a defective drug injury claim. You should wait until the drug is approved by the FDA and then pursue a claim at that time.

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Can I file a defective drug injury claim if the drug is not yet approved by the FDA?

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