Challenges of Defective Drug Cases | Phillips Law Group
September 26, 2019
When someone takes a prescription drug, such as an opioid, and suffers an injury, it may seem very clear to the victim that the drug caused the injury. However, proving this in a lawsuit can be much more complicated.
Below, learn more about the factors involved in defective drug cases that can make things very complicated. This should give you a good idea of why it is so important to have trusted legal representation. Reach out to the experienced Phoenix product liability lawyers from Phillips Law Group for help with your claim.
Linking an Injury to a Drug
One of the most important things you must do in a dangerous drug claim is connect your injury to a specific drug. This is one of the most difficult things to prove and may require expert testimony.
Some ways that a drug and an injury may be linked together include:
- The manufacturer’s failure creates an impure form of the drug that enters the stream of commerce
- A doctor prescribes the drug for off-label use
- You are injured by a side effect that was not listed on the drug’s packaging
- Warnings were not clear enough
Types of Defective Drug Claims
There are three types of defective drug claims:
A manufacturing defect occurs when there is an error in the manufacturing process, such as a machine being improperly calibrated. The error results in a defect in the product that makes it dangerous for consumers.
A design defect occurs when the intended design of a drug is unreasonably dangerous and causes injuries to consumers. For example, the drug may increase the likelihood of a heart attack. Sometimes, these side effects may not be known until well after the product has been on the market and the U.S. Food and Drug Administration (FDA) has approved the drug.
Marketing Warning Defect
These defects involve the warnings, instructions or recommendations regarding the use of a particular drug. If your injury was due to not receiving sufficient or accurate warnings about known side effects, you may be able to file this type of claim.
These claims may also arise if you did not receive proper instructions about how to safely and appropriately use the drug.
Some defective drug lawsuits are based on multiple defects. For example, some defective drug claims say a drug had a dangerous side effect caused by its design and the manufacturer did not warn consumers about it.
Your lawyer will need to research the factors that contributed to you suffering your injury and who may be liable for it.
Does a Drug Need to be Recalled Before You Can File a Lawsuit?
A recall is a request by the manufacturer to consumers to have them return a product because it is potentially unsafe or contains a defect that could compromise consumers’ safety. Drugs may be recalled when the manufacturer identifies a defect or otherwise believes that the product may expose it to litigation. Drugs can also be recalled by a government agency, such as the FDA.
You do not need to wait for a drug to be recalled to pursue a claim against the manufacturer. However, a recall does imply that this is some problem with the product.
A recall does not automatically make a drug manufacturer liable for injuries. You will still need to establish the drug was dangerous, you took it for the intended purpose, you suffered damages and the defect was the cause of your injuries.
Issuing a recall does not insulate manufacturers from liability. They could still be held liable for damages even though they learned about the potential safety concerns and warned consumers of the dangers.
Contact Phillips Law Group for Help with Your Claim
As you can see, defective drug claims are often complex, and you may greatly benefit from having skilled legal representation. The licensed defective drug lawyers at Phillips Law Group have extensive knowledge of these kinds of cases and how to pursue maximum compensation.
Contact us today to schedule a free, no-obligation consultation. Call 1-800-706-3000 .
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