Injuries sustained as a result of the use of a pharmaceutical drug may in fact be cause for a defective products claim. These claims are based on a failing of sorts in the drug’s manufacturers, distributor and sometimes, sales representative, prescribing doctor or hospital. There is an inherent responsibility on the part of these individuals responsible for delivering the drug to you, the patient, to ensure your safety and well being with regard to the use of that drug.
Because of the nature of pharmaceutical drugs, and because of the lengthy chain of “collaborators” who participate in delivering the drug to consumers, it is easy to see how patients may become harmed in the process. It becomes necessary, therefore, to identify the conditions under which filing a defective products claim may be a reasonable recourse when something goes wrong.
Mirroring the three kinds of more general defective products claims, drug-related product liability claims are typically categorized in one of three types: drugs incorrectly manufactured or produced (drugs developed in error or incongruent with the drug’s native structure, formulae or process); pharmaceutical drugs that create dangerous side effects when taken; and pharmaceutical drugs that are improperly marketed.
Defectively Manufactured Drugs: Pharmaceutical drugs with a manufacturing defect or which are produced in error or are tainted in some way may become defective during the manufacturing process. An improper proportion of ingredients or chemicals may have resulted in a dangerous chemical structure or some defect may have tainted the drug during the shipping process. Any mistake made at any point during the manufacturing or delivery process may fall into this category of product liability.
Pharmaceutical Drugs that Produce Dangerous Side Effects: Many times, pharmaceutical drugs are released without long term study. After release and long-term use, adverse side effects may begin to surface. This kind of products liability claim may yield punitive damages if the plaintiff can prove the manufacturer was aware of the side effects in question and did not properly warn consumers or prescribing physicians.
Improperly Marketed Drugs: Pharmaceutical drugs are often inherently dangerous under a variety of circumstances and in combination with other drugs, certain foods and even a variety of conditions. Each drug is different as is each individual. That is why most drugs come with a manufacturer’s instructions regarding safe and appropriate use warning of side effects and possible harmful effects.
When manufacturers, marketers and/or distributors of a pharmaceutical drug fail to provide adequate warning of potential side effects and harm proper instructions regarding drug use, resulting injuries may lead to defective products claim. Keep in mind that any of the above conditions must cause a substantive injury to meet the requirements of a defective products claim.
The experienced attorneys of Panio Law Offices understand the complexities in filing a defective products claims. Oftentimes a claim may be filed under multiple legal theories. Sometimes, defective products claims may be filed in tandem with a medical malpractice claim. If you have been harmed as a result of a pharmaceutical drug, call Panio Law Offices for expert legal counsel from personal injury attorneys who fight hard for their clients, winning the highest awards and getting them the compensation they deserve. Calls us at 888.799.7561. We can help.