When do you have a defective products claim? If you have been injured by a defective pharmaceutical drug, this may be reason to file a claim and receive the compensation you deserve for all that you lost. Prescribed drugs are supposed to be beneficial to those that use them, and when they work against those benefits and instead cause harm, a patient may be able to sue. Defective products could end up being pulled from shelves if injuries stem from them.
What is an Unavoidably Unsafe Product?
A prescription drug can sometimes be seen as an “unavoidably unsafe product.” This means that the drug cannot be made completely safe no matter how carefully it was manufactured and could end up having potentially harmful side effects. They may be useful to the user, however. A product liability lawsuit cannot always come from these drug effects, because they may have been properly prepared and accompanied with all the right warnings.
A manufacturer actually has a duty to warn. This duty to warn applies to warning about the side effects of a drug when certain effects are understood to occur, but it is not expected to warn of unknown dangers. A drug manufacturer is supposed to be an expert in their specific field. This means that they are supposed to have perfect knowledge regarding the product at hand and take reasonable steps to update professionals in the field of side effects.
The Different Types of Drug-Related Product Liability Claims
- Defectively Manufactured Drugs: This involves injuries caused by drugs that have been improperly manufactured or have somehow become tainted. This could be because of errors at the manufacturing facility or during shipping. Any situation in which a mistake is made between the factory and the place the drug is received is cause.
- Drugs With Dangerous Side Effects: These claims involve drugs that have side effects that result in injury even though they have been properly manufactured. Sometimes, the drug has been on the market for a long time until it is discovered that they are injury causing. The victim will be able to claim that the manufacturer will know of the danger but chose to conceal.
- Improperly Marketed Drugs: This involves injuries that are caused by a failure to provide adequate warnings regarding safe and appropriate use of the drug. There could be multiple defendants in this situation.
What Potential Defendants May There Be in My Case?
- Manufacturer: These are usually large companies. Pharmaceuticals are a huge market in them. If you are seeking compensation for injuries, this could be good news if you have a good lawyer to defend your case.
- Testing Laboratory: If a series of tests has been conducted for the drug, you may be able to name testing laboratories as defendants.
- Pharmaceutical Sales Representative: These representatives sometimes meet with doctors and members of the medical community. They could be held liable if they recommended a drug that injured you.
- Doctor: The doctors involved with prescribing the drug to you were part of the chain of distribution and may be liable for any resulting injuries. They could be liable for failing to warn you about ill side effects as well.
- Hospital or Clinic: They may also be seen as part of the chain of distribution between the manufacturer of the drug that caused you harm.
- Pharmacy: They are typically seen as the final point in the chain of distribution of a drug.