Product liability claims are complex, and product liability claims involving pharmaceutical drugs have a number of special aspects requiring consideration. There are three main types of product liability claims involving pharmaceuticals. These dangerous drugs claims can involve (1) drugs that are defective, (2) drugs that have negative side effects, and (3) drugs that have been marketed incorrectly.
Pharmaceuticals that have been defectively manufactured have usually encountered a mistake at some point between the factory and the store you purchased the prescription drugs from. These types of claims might consist of labeling errors, bottling problems, shipping issues, or a problem in the manufacturing facility where the drug was made.
Drugs that cause undesirable side effects may be a new product, or they could be a product that has been on the market for years before the side effect was discovered. If the injured party can prove that the manufacturer was aware of safety or health issues and didn’t disclose them, then the amount of money awarded in a mass torts lawsuit will likely increase.
The final category of these cases typically involves a situation where the drug was improperly marketed in the form of incomplete or inaccurate warnings, misleading instructions, or wrong recommendations.
These types of claims are sometimes combined, and determining who the potential defendants are in your case can be just as complex. Defendants could include several different parties in the chain of distribution of the pharmaceutical, like the doctor who prescribed it to you, the pharmacy that distributed the drug, the testing laboratory that tested the drug, the pharmaceutical manufacturer, or the hospital that administered the drug.
Birmingham’s personal injury attorneys at Salter and Ferguson, LLC are dedicated to representing clients who have been injured by pharmaceuticals. We will listen to your case and help you determine what your legal options are for seeking compensation. Our firm will fight for your full financial restoration. Contact our office at 877-298-4878 now to discuss your claim.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.