Back to Pharmaceutical Liability

Lawsuits against drug manufacturers are usually one of two forms: negligence and strict liability. In a negligence case, the question is whether the manufacturer has acted with reasonable care. In a strict liability case, the focus is on the product and whether it has a defect that makes it unsafe. If you believe you may have a claim against a drug manufacturer, you should not hesitate to seek legal advice from a qualified attorney with experience in this area.

Negligence Claims

A negligence claim states that a drug manufacturer has a duty of reasonable care toward users of the drug. That means the manufacturer must take steps to ensure that a medication works and, with proper precautions, will not cause injury. When this duty is breached, the drug manufacturer will be liable for the injuries its product causes. Most often plaintiffs will allege that the manufacturer breached its duty of care by not doing adequate research and testing of the product.

Unfortunately, some medication's dangerous side effects have not become known until after the medication has been approved for sale. A drug manufacturer then has a duty to warn of any side effects when they become apparent. At the same time, the drug manufacturer is not expected to warn of unknown dangers and side effects.

Strict Liability Claims

In a strict liability case, the main issue is whether the drug is defective. Defective drug refers to some characteristic or aspect of the drug that makes it not reasonably safe for its intended use. The defect may relate to how the drug is designed or the defect may be one relating to the information provided with the drug, such as there were inadequate warnings about side effects. In some cases, a drug is deemed to be unavoidably unsafe, which means that the drug cannot be made safe no matter how carefully it is manufactured.

If you or a loved one were injured through the use of a pharmaceutical product please use the form on the left for a free case review by our law firm.