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Defective Medical Device & Drugs

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Defective Medical Device & Drugs

Pharmaceutical companies and medical device manufacturers have a responsibility to make drugs and medical devices that are safe for people to use. These companies are often required by law to provide warning labels to physicians and/or pharmacies, and very often pharmaceutical and medical device companies are aware that their products can have dangerous side effects or defects that can cause injury or death. Nevertheless, these companies continue to sell these dangerous and defective products or drugs.

Although drugs and medical devices are often recalled due to defects and/or drug side effects, some pharmaceutical companies aggressively promote a drug by persuading consumers to ask for it and convincing physicians to prescribe it. In their haste to get drugs and medical devices to market, companies put consumers at risk.

That is just one of the many reasons it is crucial to select a pharmaceutical product and medical device liability trial firm that is experienced in all aspects of this type of litigation. The law firm of Blaut Weiss has 60 years of combined experience in products liability litigation. Contact our Florida law firm in Plantation FL online, or at 954.634.1800, to better understand your legal options. Remember, we also service Broward County.


According to the U.S. Food and Drug Administration (FDA), “safe” means that the benefits of a drug outweigh the risks for the population that the drug is intended to treat. In other words, a safe drug does not necessarily mean it is a harmless drug. Although the FDA tests and approves pharmaceuticals for general use, some drug side effects, particularly long-term effects, can be difficult to determine. The FDA keeps an updated list of common drugs that are defective.


Consumers complain that medical devices, while designed to help, can cause additional irreversible injuries. Defects in medical devices can result from inadequate testing and rushing the approval process to get a product on the market. According to a recent article in the Wall Street Journal, medical device recalls nearly doubled in the decade from 2003 through 2012. The total number of recalls rose to 1,190 in 2012, up from 604 in 2003. It was reported that the increase in recalls where the defect carried a reasonable probability of death was 57 in 2012 versus seven in 2003.

A manufacturer may be liable for injury or death caused by failure to exercise ordinary care in any of several ways, including the following:

  • Negligent design
  • Failure to adequately test and inspect
  • Failure to provide adequate instructions, warnings and labels
  • Failure to issue an adequate recall notice
  • Strict Liability If a product is defective, the manufacturer may be held liable for resulting injury or damage, even without proof of negligence.

Contact the Florida law firm of Blaut Weiss online, or at 954.634.1800, to better understand your legal options.


When pharmaceutical companies or medical device companies provide drugs, devices and treatments that cause injuries to many victims, mass tort and class action attorneys can ensure your rights are protected through a group lawsuit. If you have suffered from a defective drug or device and wish to seek legal advice without joining a class action. Contact our Florida law firm online, or at 954.634.1800, to better understand your legal options.

Blaut Weiss Law Group

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