Do You Understand The Pharmaceutical Approval Process?

May 10, 2020 / 11:34 am

The award-winning product liability attorneys at Colson Hicks Eidson have a long and proud history of helping clients who have been injured due to negligent prescription drug companies. We recently filed a lawsuit on behalf of a client who has taken Elmiron for the treatment of interstitial cystitis and has subsequently sustained permanent eye damage. However, we realize that many people may not realize how prescription drugs are approved before they are allowed to be sold to consumers. Here, we want to discuss the approval process and what you can do if you think you have been harmed by a defective prescription drug.

How do prescription drugs get approved?

Every prescription drug sold in the United States must be approved by the US Food and Drug Administration (FDA). The FDA’s Center for Drug Evaluation and Research (CDER) ensures that both brand name and generic drugs work correctly and that their health benefits outweigh the known risks.

Before any drug company can sell a drug in the United States, the medication must be tested first. The pharmaceutical companies will then send the CDER evidence from their tests to prove the drug is safe and effective. At the CDER, A team of physicians, pharmacologists, chemists, statisticians, and other scientists will review the company’s data and the proposed labeling. If these experts establish that the drug’s benefits outweigh the risks, the drug will be approved for sale.

Before a prescription drug can be tested in people, the company must perform laboratory tests and animal tests to discover how the drug works and whether it is likely to be safe and work well in humans. After those tests, a series of trials in people begin which will determine whether the drug is safe when used to treat the intended disease or health condition.

How do faulty drugs get through the cracks?

Please note that the FDA does not do any testing of their own of the drugs or medical devices that they approve. They rely 100% on the data provided by the manufacturers to determine whether or not that prescription drug will be approved. There are several ways that faulty prescription drugs may make it to the market. In the past, pharmaceutical companies have:

  • Falsified and manipulated studies
  • Misled the FDA into thinking that the drug is similar to previously approved drugs when it is not
  • Discovered defects or dangerous side effects after a drug is released and failing to warn the FDA or take any other action
  • Improperly manufactured a drug or allowed contaminants to enter into the product
  • Failed to properly instruct consumers of how to use or administer the drug
  • Failed to provide proper warnings of the side effects of the drug
  • Used false advertising to promote the drug

Let us get to work on your behalf

If you or somebody you love has been injured or become ill due to defective prescription medication, the nationally recognized product liability attorneys at Colson Hicks Eidson are ready to get to work on your behalf. Our goal is to secure the compensation victims in these cases deserve. This can include coverage of their medical expenses, lost wages, and benefits, pain and suffering damages, as well as punitive damages. Whether you are in Florida or anywhere in the United States, we are ready to help. You can contact us for a free consultation by clicking here or by calling us at 305-476-7400.

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We are proud to announce that nine of our partners have once again been named to the 2026 Lawdragon 500 Leading Plaintiff Consumer Lawyers guide. Congratulations to Lewis S. “Mike” Eidson, Dean C. Colson, Curtis Miner, Julie Braman Kane, Joseph J. Kalbac Jr., Susan Carlson, Roberto Martínez, Stephanie Casey, and Thomas Kroeger.

Lawdragon recognizes outstanding trial lawyers who stand with clients through life’s toughest challenges—ensuring access to medical care, fighting for rightful compensation, and championing justice that leaves a lasting impact. 

This guide is based on a record number of submissions, combined with journalistic research and vetting by the nation’s leading plaintiff consumer lawyers.

Click here to read the full guide.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson is pleased to announce that Zachary Lipshultz has become a partner with the firm.

Dean Colson, managing partner of the firm, commented: “Zach is a valued member of the firm and a respected figure in the South Florida legal community. His practice focuses on complex commercial litigation and products liability matters, representing both plaintiffs and defendants in high-stakes disputes across a wide range of industries. He is known for his strategic judgment, rigorous advocacy, and ability to manage cases involving significant financial exposure and novel legal issues.”

During his six years at Colson Hicks Eidson, Zach has worked with Bob Martinez, Curtis Miner, and other firm partners to secure four nine-figure judgments against Fortune 500 companies, obtain dismissals with prejudice on behalf of multiple Fortune 500 defendants, and successfully represent clients before arbitral, state, and federal forums, at trial and on appeal.

According to Senior Partner Bob Martinez: “Zach has been the indispensable force behind our victories in several high-stakes matters over the past seven years, combining unique legal talent with exceptional dedication and service to our clients.”

“Having spent multiple weeks shoulder-to-shoulder with Zach in trial, I am eager to have him as a teammate on any type of trial we need to suit up for,” added partner Curtis Miner.

Zach joined the firm following a federal judicial clerkship with the Honorable Robert N. Scola, Jr., former United States District Judge for the Southern District of Florida. Zach is a 2016 graduate of the University of Miami School of Law. He completed his undergraduate studies at Oberlin College in 2011 and earned a master’s degree in marine affairs and policy from the University of Miami Rosenstiel School of Marine and Atmospheric Science in 2012.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson, a leading trial law firm, is proud to announce its relocation to the Penthouse of the South Tower at Douglas Entrance in Coral Gables. This move marks an important milestone for the firm, which has represented clients in local, national, and international matters for more than 55 years. The new office is located within Douglas Entrance, home to the historic gateway La Puerta del Sol (“The Gate of the Sun”), and is surrounded by Mediterranean-style architecture, lush landscaping, and expansive courtyards. With its picturesque, Spanish-walled-city appearance, Douglas Entrance provides a distinctive office environment in Coral Gables, and the firm’s name will soon adorn the top of the South Tower.

The space holds personal significance for Managing Partner Dean Colson, who explains: “For those of us who grew up in the Gables in the ‘50s and ‘60s, the original Douglas Entrance was very much a part of our lives – it was the working home for many of the doctors, lawyers, architects, and other professionals who lived south of downtown Miami. Our move reflects not only our firm’s growth, but our ongoing dedication to our clients and the Coral Gables community. It is reminiscent of our decision 25 years ago to restore the building that is now Books & Books and secure its historic designation—a choice that helped preserve the character of Coral Gables. The firm remains committed to doing the right thing for our community.”

Colson Hicks Eidson moved into its new space in December 2025 with the assistance of Will Morrison of CBRE. According to Dean, “Will’s expertise, vision, and patience made this deal possible. G. Alvarez Studio ensured that the design of our floor was executed perfectly.”

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

We are pleased to announce that three of our partners have been named to the 2026 Lawdragon 500 Leading Lawyers in America guide. Congratulations to Curtis Miner, Julie Braman Kane, and Joseph J. Kalbac Jr.

They were recognized for excellence in Litigation and White Collar (Curtis Miner), Plaintiff Class Action Litigation (Julie Braman Kane), and Plaintiff Personal Injury (Joseph J. Kalbac, Jr.).

Lawdragon recognizes this exceptional group for leading the way for clients, communities, and their firms, while shaping the law for decades to come.

This guide is based on a record number of submissions, combined with journalistic research and vetting with the nation’s leading lawyers.

Click here to read the full guide.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson is proud to share that Managing Partner Dean C. Colson has been recognized in Florida Trend’s 2025 edition of the Florida 500, which features the 500 most influential executives across various economic sectors in the state.

Dean was honored for his major client wins over a 40-year career and his lasting contributions to Florida higher education, with the firm describing him as “the only person to have chaired the State University System in Florida, the Board of Trustees of Florida International University, and the Board of Trustees of the University of Miami.”

He served 18 years as a UM trustee, chairing a $1.4-billion capital campaign, and was appointed by Gov. Jeb Bush to the state’s ethics commission and Supreme Court Judicial Nominating Commission. Dean also chaired committees that secured the 1999 and 2007 South Florida Super Bowls, clerked for U.S. Supreme Court Justice William H. Rehnquist and Fifth Circuit Judge Peter T. Fay, and remains a trustee for FIU and Miami’s Institute of Contemporary Art.

A renowned U.S. trial lawyer, Dean handles complex civil litigation, personal injury, product liability, and professional malpractice matters. He has successfully represented large plaintiff classes and handled multimillion-dollar cases, including high-profile litigation such as the AeroPeru airplane crash and a Ponzi scheme settlement.

Click here to read the full edition.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson has been named to the 2026 edition of the “Best Law Firms” by Best Lawyers®, recognized at both the national and metropolitan levels. Ten of the firm’s attorneys were also named to the 2026 edition of Best Lawyers® across multiple practice areas.

Best Lawyers® ranks top lawyers and law firms through a peer review process, using feedback from lawyers, clients, and professional references, along with firm data. We’re proud to be recognized in the following categories:

National

  • Mass Tort Litigation/Class Actions – Plaintiffs

Miami

  • Bet-the-Company
  • Litigation
  • Commercial Litigation
  • Criminal Defense: White-Collar
  • Insurance Law
  • Mass Tort Litigation/Class Actions – Plaintiffs
  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs
  • Professional Malpractice Law – Defendants

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.