South Florida Personal Injury Lawyers Blog
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 result in serious injuries and illnesses to their users. After taking an oral contraceptive or the insertion of an intrauterine device, individuals who suffer injuries may file a Florida dangerous drug lawsuit to recover for their injuries.
Many of these pills and devices contain a synthetic form of progestin. Although most women adjust to the pills, or do not suffer serious side effects, others experience significant medical side effects. Some side effects include deep vein thrombosis, venous thromboembolism (blood clots), heart attack, stroke, organ damage, or even death. Although the Food and Drug Administration (FDA) requires pharmaceutical companies to improve their warning labels, women continue to suffer complications from these medications. In some cases, the warning labels are inadequate and do not clearly include the list of side effects. In other situations, doctors fail to assess their patients appropriately before prescribing the medication.
For instance, a circuit court of appeals recently issued an opinion in an unsafe oral contraceptive lawsuit relevant to Florida product liability plaintiffs. In that case, a woman suffered a debilitating stroke after taking an oral contraceptive, known to increase the risk of blood clots. The woman and her husband filed a lawsuit against the drug manufacturer for failure to provide an adequate warning of stroke risk. In response, the company moved to dismiss the claim, alleging that the learned intermediary doctrine limits their liability.
The learned intermediary doctrine is a defense theory that works to limit manufacturer liability. The doctrine is premised on the fact that a patient’s treating doctor is in the best position to determine whether a medication is appropriate. To overcome the consideration, the plaintiff must prove that an improved warning would have caused their treating doctor not to prescribe the medication.
In this case, the defendants argued that the doctor had “actual knowledge” of the risk that the plaintiff claimed the company failed to disclose. Further, they contended that the plaintiff’s doctor testified that he would have still prescribed the medication to the woman even with the most up-to-date risk information. As such, the court affirmed summary judgment in favor of the defendants because the plaintiffs did not identify any evidence from which a jury could conclude that the information in the updated warning would have changed the doctor’s decision to prescribe the medication.
Have You Suffered Injuries Because of a Dangerous Medication?
If you or someone you know has suffered injuries or died because of an unsafe medication, you should contact the attorneys at Friedman Rodman Frank & Estrada, P.A. The attorneys at our law firm have successfully represented injury victims in their Florida product liability lawsuits, including those involving dangerous drugs. We handle claims against negligent manufacturers, pharmacies, and doctors. Additionally, we handle personal injury lawsuits stemming from car and truck accidents, slip-and-falls, and medical malpractice. We have recovered substantial amounts of compensation on behalf of our clients, including payments for medical expenses, lost wages and benefits, and pain and suffering. Contact our office at 877-448-8585, to schedule a free initial consultation with an attorney at our law firm.