Pharmaceutical Liability

When a company manufactures a drug which injures people, that company may face legal consequences which fall under the category of pharmaceutical liability. Plaintiffs can bring claims against a manufacturer based o strict liability, negligence or for failing to adequately warn consumers about potentially dangerous side effects

Prescription drugs, over-the-counter medicines, medical devices and herbal supplements may all be manufactured with different defects, which in turn may lead to pharmaceutical liability claims. A design defect occurs when the manufacturer or producer fails to design the drug or medical device in a way that it is safe for its intended use. In most liability cases, it is believed that the manufacturer could have used a safer alternative design to avoid foreseeable risk.

A manufacturing defect occurs during the manufacturing process. It has nothing to do with the design of the product before manufacturing. In some cases, even when the design of a drug or device is perfect, poor manufacturing can result in an unsafe product.

A marketing defect, such as the failure to warn of dangerous effects of the drug, or a failure to provide adequate instruction on proper use of the product, is a different kind of defect. A product that is safe under the conditions of proper can be dangerous or even deadly without the proper warnings. The manufacturer has a duty to warn users of potential side effects of the product.

Although liability law varies from state to state, claims for injuries arising from the use of prescription drugs, over-the-counter medications, herbal or dietary supplements and medical devices generally fall under two categories of legal theory: strict liability or negligence. Under the strict liability theory, it is the medicine itself which is on trial. In these cases, the jury will be asked to decide whether the medicine or its manufacturing process is defective. To prove the claim, the plaintiff must demonstrate that 1) the medicine has a defect which makes it unsafe; 2) that the defect injured the plaintiff, and 3) that the injuries caused the plaintiff monetary damage.

For a negligence claim, the plaintiff must show that 1) the manufacturer owed the plaintiff a duty of care; 2) that the duty was breached, and 3) that the plaintiff was injured, and that the injuries were caused by the previously demonstrated breach of duty.

The Mueller Hillin Law Firm specializes in Pharmaceutical Liability cases in Philadelphia, Atlanta, Houston and Austin. If you believe you or a loved one have suffered damages related to Pharmaceutical Liability, please contact us today.