If you or a loved one has sustained injuries due to a pharmaceutical drug, you might have a “defective product liability claim.” A product liability claim based on a defective pharmaceutical drug is similar to other types of defective product claims. However, this claim is related to injuries from a pharmaceutical drug involving certain special elements and comes in three basic types:
Dangerous Drugs (while properly manufactured) with Side Effects
Claims in this category involve pharmaceutical drugs that, while manufactured properly and up to code, have hazardous side effects that could result in various injuries. Product liability lawyers in New York City explain that claims like these seldom involve pharmaceutical drugs that have been sold in the market and used by many people for a long time prior to being discovered that the drugs come with an increased risk of a specific injury, like high blood pressure or heart disease.
With this type of claim, a claimant could say that the drug manufacturer was fully aware of the risks yet intentionally concealed them from the public. If the claimant could prove this assertion, they would receive more compensation from punitive damages.
Pharmaceutical Drugs that are Defectively Manufactured
Claims under this category involve injuries from defectively manufactured pharmaceutical drugs or contaminated drugs. This might be due to errors in the pharmacy (during bottling, labeling, or shipping) or in the facility during manufacturing. Any sort of error in any situation or circumstance at any point between the manufacturing facility and the specific place you get or purchase a drug is a concern.
Pharmaceutical Drugs that are Improperly Marketed
Marketing refers to the instructions, warnings, and recommendations pertaining to the use of a specific drug. This category of drug-related claims involve injuries resulting from failure to provide accurate and sufficient warnings about the side effects of a drug or failure to provide clear and adequate directions about a drug’s appropriate and safe usage. The bad or erroneous recommendation could have been provided by a manufacturer, pharmacist, doctor, sales representatives, or other medical professionals.
It’s likewise critical to note that a defective product claim could involve a combination of liability claims. For instance, a drug-related liability claim based on injury due to undisclosed side effects could be combined with another drug-related claim involving failure to disclose that particular side effect.
In addition, every form of claim could have multiple potential defendants — like a doctor and drug manufacturer — and each state has its own laws regarding defective products liability claims. Consult an experienced lawyer now to review your claim to determine if it has merit.