Dec. 09 blog 2–Pharmaceutical liability

“Pharmaceutical liability” is a legal term used to describe the consequences a drug manufacturer may face if the drugs it makes causes harm to people. Pharmaceutical liability cases, including those that involve injury, illness or death resulting from drugs, medical equipment, or other types of pharmaceuticals, come under the purview of products liability cases. Claimants can bring law suits against pharmaceutical companies on the basis of negligence, strict liability, or for failing to adequately warn consumers about potentially dangerous side effects of their products.

Pharmaceutical liability claims may result from any number of different defects inherent in prescription or over-the-counter medicines, medical equipment, herbal supplements. When a pharmaceutical manufacturer or producer is unsuccessful in designing a drug or medical device so that it is safe for its intended use, the problem is known as a design flaw. In many situations, the pharmaceutical maker could have avoided foreseeable risk by utilizing a safer alternative design. A problem unrelated to the design of a pharmaceutical product that occurs during the manufacturing process is known as a manufacturing defect. Even perfect designs can be rendered unsafe by poor manufacturing processes. For example, a manufacturer may use inadequate or inappropriate materials or fail to implement proper quality control measures.

A different kind of defect, known as a marketing defect, occurs when a pharmaceutical manufacturer fails to warn consumers of dangerous side effects or to give instructions for proper use of their product. A product that is safe when the consumer knows how to use it can turn dangerous without the proper warnings. The manufacturer legally bound to warn consumers of situations and uses that can make the product dangerous.

Mueller Hillin specializes in Pharmaceutical Liability in Philadelphia, Atlanta, Houston and Austin.