“Pharmaceutical liability” is a term used to describe the legal consequences a manufacturer of drugs may face if its products injure people. Cases involving injuries caused by drugs, medical devices and other pharmaceuticals are a subset of products liability cases. Plaintiffs can bring claims against the manufacturer based on theories of strict liability, negligence or for failing to warn about potentially dangerous side effects. Prescription drugs, over-the-counter medicines, medical devices and herbal supplements may suffer from several different defects, which may lead to pharmaceutical liability claims.

A design defect occurs when the manufacturer or producer fails to design the drug or medical device so that it is safe for its intended use. Typically, the manufacturer could have used a safer alternative design to avoid foreseeable risk. A manufacturing defect occurs during the manufacturing process and has nothing to do with the design. Even if the design was perfect, poor manufacturing can undo proper safety measures. This can occur when a manufacturer uses the wrong materials or fails to use appropriate quality controls. A marketing defect, such as the failure to warn of danger, or instruct on proper use, is a different kind of defect. A product that is safe when the consumer knows how to use it can turn dangerous without the proper warnings. The manufacturer has a duty to warn users of potential side effects that can make the product dangerous. There can be a failure to warn if the manufacturer does not inform consumers about adverse drug interactions.

If you believe that you or a loved one has suffered from your use of a pharmaceutical, please contact us.