Drugs

Defective Drugs

Defective drug claims occur when a patient is injured, or dies as a result of consuming a pharmaceutical drug. Defective drug liability claims are similar to other defective products, but with three basic features. These claims include those based on defectively manufactured pharmaceutical drugs; pharmaceutical drugs with dangerous side effects; and improperly marketed pharmaceutical drugs. A patient may file a lawsuit if they can prove they were injured, the drug was defective or improperly marketed, and the defect or improper marketing was the cause of the injury. Known defective drugs under liability claims include Zoloft, Lipitor, Cymbalta, SSRIS, Xarelto, Testosterone, Benicar, Viagra, Prozac, and Granuflo and Naturalyte.

Defectively Manufactured Pharmaceutical Drugs

This particular claim involves injuries caused by pharmaceutical drugs that have been improperly manufactured or have somehow become contaminated. This could be a result of an error at the manufacturing facility or the pharmacy where the drug is made or bottled, or a problem that occurs during shipping, such as an error in labeling. Any situation in which a mistake is made at some point between the factory and the place the patient receives the drug is determined as a defectively manufactured pharmaceutical drugs claim.

Defective Pharmaceutical Drugs with Dangerous Side Effects

This type of defective drug claim involves pharmaceutical drugs that have been properly manufactured, yet have side effects that result in injury or death of the patient. These types of scenarios typically involve drugs that have been on the market for a long period of time, before discovering that they may increase a particular type of injury in patients, such as heart attacks. The victim may claim that the manufacturer knew of the danger, but deliberately concealed it from the patients and the public. This can only be achieved if the victim can prove that the manufacturer knew of the side effects and hid the defective drugs dangers.

Improperly Marketed Pharmaceutical Drugs

When a pharmaceutical drug is “marketed,” it refers to the warnings, instructions, or recommendations concerning the use of that drug. This often involves injuries to the patient caused by failure to provide proper or accurate warnings regarding to dangerous side effects, or a failure to provide accurate and proper instructions for the appropriate use if the pharmaceutical drug. Under this claim, the doctor, pharmacist, sales representative, or another medical provider may be held liable.

Defendants in Defective Drug Claims

There are several possible defendants liable for defective drugs claims. These possible defendants include manufacturer’s of the defective drug, testing laboratory, pharmaceutical sales representative, doctors, hospitals or clinics, and pharmacies. Manufacturer typically refers to large companies that distribute the drug. Testing Laboratories may be held liable if a pharmaceutical drug that passed a series of tests, still reached the market and injured a patient. Pharmaceutical sales representatives are apart of drug companies that meet with doctors and other members of the medical community in order to recommend their latest drug. If the recommended drug injured a patient, the sale representative may be held liable as well. Doctors who prescribe drugs that injured a patient may be held liable as well, for they are apart of the pharmaceutical drug distribution chain. A doctor may be held liable based on their failure to warn a patient about potential side effects or failure to provide proper instructions regarding the appropriate use of the drug. Hospitals and clinics, because they are apart of the drug distribution chain, may be held liable if it is the link between the manufacturer of the drug and the patient injured. Pharmacies are the final point in the distribution of the pharmaceutical drug chain. The pharmacist’s counseling referring to the use of the drug that injured you may also establish the pharmacy’s liability in defective drug cases.

Sources

http://www.nolo.com/legal-encyclopedia/product-liability-claims-pharmaceutical-drugs-30314.html