Types Of Claims Arising Out Of Defective Drug Cases

29 May 2015
 Categories: Law, Blog


Defective drug cases are product liability cases that can have different types of claims. Therefore, you need to clarify what you think is wrong with the drug. For example, you may claim that a drug caused you harm because it was:

Defectively Manufactured

Just like other products, drugs can come out of the manufacturing factories with defects. In this context, manufacturing defect does not just refer to errors arising from the making of a drug; it also includes mistakes that occur before the drug reaches its point of sale (where you made the purchase).  For example, it might be that:

  • the chemical components of the drug weren't properly mixed in their correct ratios
  • a compound is missing from the concoction
  • the drug was wrongly packaged, for example, if air is leaking into a container that is supposed to be airtight

Improperly Marketed

When people think of improper marketing, they mostly dwell on drugs that do not work as well as the advertisements would have them to believe. That is one form of improper marketing, but it is not the only one. The marketing of a drug also includes:

  • The instructions on how to use it (such as dosage and time of use)
  • Recommendations (for example, if it shouldn't be combined with a certain drug)
  • Warnings (such as contraindications and side effects)

Therefore, if you develop a severe side effect after taking a drug, and it wasn't listed as one of the side effects, then you can file a product liability claim under improper marketing. The marketing isn't only done by the pharmaceutical company. Other persons involved in the distribution of the drug such as pharmacists, sales representatives and doctors are also responsible for marketing it.

Had Dangerous Side Effects

Most, if not all, drugs have side effects. However, a drug is considered safe if its benefits outweigh the health effects of the side effects. What matters is that all users must be warned of these unintended effects.

However, there are drugs that are discovered to have dangerous side effects long after it has been in use by the general population. Therefore, if you find that a "normal" painkiller increases your risk of getting a heart attack, then you may file a claim for a dangerous side effect.

If you do have a defective drug claim, it's in your best interest to identify all the responsible parties. For example, instead of just targeting the pharmaceutical company, you should identify other reliable parties such as a medical provider, drugs sales representative or even the laboratory that tested the drugs. Your personal injury attorney will help you to identify all these parties