Medications are essential in treating many diseases. Sometimes, however, they do more harm than good. If you suffer harm due to a drug defect, you may have the right to file a personal injury lawsuit against the responsible parties. Understanding the different categories of defective drug claims can help you determine exactly who is responsible.
Medications are synthesized and processed in a laboratory. They go through extensive testing to determine whether they cause any side effects that would be harmful to patients taking the drug. If the adverse results of taking the drug outweigh the benefits, the drug should not be marketed or sold. When it comes to drug manufacturing, design defects occur when the drug manufacturer sells a drug that can be dangerous even when there were no problems with production. If you can provide evidence that the testing laboratory that analyzed the drug or the manufacturer knew, or should have known, that the drug had design defects, you may be able to file a lawsuit against them.
Defective Marketing/Failure To Warn
All drugs have possible side effects, some of which can be harmful. However, the drug can still be marketed and sold if the potential benefits outweigh the risks. Nevertheless, whenever there is a risk of harmful side effects, the entities responsible for manufacturing, marketing, selling, and dispensing the drug have a responsibility to tell patients about what the drug could do to them so that they can make an informed decision about taking it. You may be able to sue a testing laboratory, drug manufacturer, or pharmaceutical sales representative for defective marketing. If your pharmacist or prescribing physician failed to warn you about the possible side effects, it may be possible to hold them liable as well.
Design defects occur when the drug causes harm when manufactured correctly. Manufacturing defects occur when something goes wrong during the production process and the drug becomes tainted or otherwise defective as a result. It may be possible to file a personal injury lawsuit against the drug manufacturer if you were harmed as the result of a defect. You may need to prove that the defect was preventable and resulted from the manufacturer’s negligence.
Sometimes defective drugs cause injury to many patients at the same time. When that occurs, the plaintiffs may collaborate to file a class action lawsuit against the negligent parties. An attorney, like a personal injury attorney, at the Morales Law Firm, can explain what category your complaint falls into and determine your legal options. Contact our office for more information.