Pharmaceutical Liability Law and Your Rights

Pharmaceutical liability cases are a specific branch of products liability cases, and include situations that involve injury, illness or death resulting from drugs, medical equipment, or other types of pharmaceuticals. Pharmaceutical liability is the legal responsibility a drug manufacturer may have if their products injure, sicken, or otherwise harm consumers. Plaintiffs can sue pharmaceutical companies on the basis of negligence, strict liability, or for failing to properly warn costumers about possibly dangerous side effects of their products.

Pharmaceutical liability lawsuits can be the result of a broad array of different problems with prescription or over-the-counter medicines, medical equipment, or herbal supplements. When a drug or medical device manufacturer or producer fails to properly design a pharmaceutical product so that it is safe for its intended purpose, the problem is known as a design flaw. In many cases, the pharmaceutical manufacturer could have prevented foreseeable risk by using a different, more benign design. A problem unrelated to the design of a drug or other pharmaceutical product that can be traced back to the manufacturing process is known as a manufacturing defect. Even perfect designs can be rendered unsafe by inadequate manufacturing processes. For example, a manufacturer may use unsafe or inappropriate materials or fail to implement proper quality control measures.

In some instances, a company discovers that one of its products is defective and has the potential to cause injury, pain or death. The company may recall the drug entirely on its own. In others cases, the FDA informs a company that one of its products is defective and suggests or requests a recall. If the firm does not recall the product, then FDA can seek legal action.

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