Product Liability Claims: Prescription Drugs
As a general rule, lawsuits over defective drugs are brought under an area of law that is called ‘product liability’. If a company markets and sells a dangerous product, that company can and should be held liable for any resulting damages. There are multiple different legal theories by which a drug company could potentially be held liable for selling a dangerous medication, including:
- Defective design: If a drug has a defective design, it means that the product itself is inherently flawed. The drug is simply unsafe for anyone, and it should have never been put on the market in the first place.
- Defective manufacturing: With defective manufacturing claims, it could be that the class of drug is safe, but the specific drug you received was poorly made. For example, a certain batch of the drug may have been contaminated during production.
- Failure to warn (inadequate labeling): In dangerous drug cases, many claims are brought against companies due to their failure to warn consumers about the potential adverse side effects. Drug companies are legally required to properly market and label their drugs so that consumers are made fully aware of all potential negative side effects. If the drug company failed to provide adequate warnings or misrepresented the drug during its marketing campaign, it could be held liable for a patient’s injuries.