Challenges of Defective Drug Cases | Phillips Law Group
When someone takes a prescription drug, such as an opioid, and suffers an injury, it may seem very clear to the victim that the drug caused the injury. However, proving this in a lawsuit can be much more complicated.
Below, learn more about the factors involved in defective drug cases that can make things very complicated. This should give you a good idea of why it is so important to have trusted legal representation. Reach out to the experienced Phoenix product liability lawyers from Phillips Law Group for help with your claim.
Linking an Injury to a Drug
One of the most important things you must do in a dangerous drug claim is connect your injury to a specific drug. This is one of the most difficult things to prove and may require expert testimony.
Some ways that a drug and an injury may be linked together include:
- The manufacturer’s failure creates an impure form of the drug that enters the stream of commerce
- A doctor prescribes the drug for off-label use
- You are injured by a side effect that was not listed on the drug’s packaging
- Warnings were not clear enough
Types of Defective Drug Claims
There are three types of defective drug claims:
A manufacturing defect occurs when there is an error in the manufacturing process, such as a machine being improperly calibrated. The error results in a defect in the product that makes it dangerous for consumers.
A design defect occurs when the intended design of a drug is unreasonably dangerous and causes injuries to consumers. For example, the drug may increase the likelihood of a heart attack. Sometimes, these side effects may not be known until well after the product has been on the market and the U.S. Food and Drug Administration (FDA) has approved the drug.
Marketing Warning Defect
These defects involve the warnings, instructions or recommendations regarding the use of a particular drug. If your injury was due to not receiving sufficient or accurate warnings about known side effects, you may be able to file this type of claim.
These claims may also arise if you did not receive proper instructions about how to safely and appropriately use the drug.
Some defective drug lawsuits are based on multiple defects. For example, some defective drug claims say a drug had a dangerous side effect caused by its design and the manufacturer did not warn consumers about it.
Your lawyer will need to research the factors that contributed to you suffering your injury and who may be liable for it.
Does a Drug Need to be Recalled Before You Can File a Lawsuit?
A recall is a request by the manufacturer to consumers to have them return a product because it is potentially unsafe or contains a defect that could compromise consumers’ safety. Drugs may be recalled when the manufacturer identifies a defect or otherwise believes that the product may expose it to litigation. Drugs can also be recalled by a government agency, such as the FDA.
You do not need to wait for a drug to be recalled to pursue a claim against the manufacturer. However, a recall does imply that this is some problem with the product.
A recall does not automatically make a drug manufacturer liable for injuries. You will still need to establish the drug was dangerous, you took it for the intended purpose, you suffered damages and the defect was the cause of your injuries.
Issuing a recall does not insulate manufacturers from liability. They could still be held liable for damages even though they learned about the potential safety concerns and warned consumers of the dangers.
Contact Phillips Law Group for Help with Your Claim
As you can see, defective drug claims are often complex, and you may greatly benefit from having skilled legal representation. The licensed defective drug lawyers at Phillips Law Group have extensive knowledge of these kinds of cases and how to pursue maximum compensation.
Contact us today to schedule a free, no-obligation consultation. Call 1-800-706-3000 .
Juan Roque has been integral with my legal needs. Communication has been easy. He conveys information I can easily understand without a lot of "Legal Fluff" jargon. I will certainly do business with Phillips Legal team again and refer them to my friends and family.
Although my accident was fortunately not a major one, The Phillips Law Group AZ treated it as such. Their staff, specifically Mr Juan Roque was very professional, courteous and most importantly very informative. Mr Roque's attentive service was phenomenal and I highly recommend this firm!
Phillips is the best!! Love all that they do to give back to the community and how much they help those who are experiencing homelessness. ❤️
I would like to thank Vanessa Rodriguez for helping me with my case because I was in total shock about the accident. She had listened to all my concerns and had answered every question I had . She was great !!!
Positive: Professionalism, Quality, Responsiveness, Value As someone who is familiar with the inner workings of the auto insurance industry I can whole heartedly endorse Steven J. Jones and Phillips law group as someone I would want on my side should litigation take place. They handled my case professionally, honestly, and with satisfactory results which I would not have expected without enlisting their help.
Phillips Law Group does so much for the community!!! I especially enjoy seeing Juan Roque out there. This gentle giant always has a smile on his face and is a part of a caring and giving team.
I tried a few previous law firms and none would take my car accident case with confidence they could get my anything. Phillips law group took my case and although it took around 4 years to get this case settled as I was in treatment, they never let up with insurance adjusters and they got me as much money as possible. They worked hard for me and advocated for me. Shoutout to key individuals who worked my case nonstop of the years, Robert Ross & Jasmine, you are AMAZING!
Thank you Phillips Law Group for all the support and back to school assistance we appreciate it.
PLG is the best! Highly recommend. Love that they do so much to help the community.