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What kinds of claims can you pursue in a dangerous drug lawsuit?

On Behalf of | Jan 4, 2022 | Dangerous Products |

Over the years, the pharmaceutical industry has invented thousands of medications that cure diseases and save lives. Deadly diseases such as tuberculosis, HIV/Aids, malaria and polio are just a handful that can be treated or managed with modern medication. 

However, there are times when a medication can turn out to have unwelcome side effects. Some medications, especially the new ones, may cause more complications than they actually cure. Some can result in permanent health problems or even death. 

If a drug has negatively impacted the quality of your health or a loved one, you may consider filing a class-action lawsuit against the drug manufacturer or distributor. 

Here are three types of claims you can pursue in a dangerous drug lawsuit:

Defective design lawsuit

Every drug must go through a testing and validation process by the Federal Drug Administration (FDA) before it can be approved for public consumption. Sometimes, a drug that has been approved by the FDA may have unforeseen side effects that can cause serious harm to consumers. This happens when the drug is properly manufactured (or designed), yet it carries dangerous side effects. 

Defective marketing lawsuit

Drug manufacturers are required by the FDA to warn consumers about their products’ side effects, interactions and contraindications. When the drug in question has been established to come with significant risks of harm to consumers, the FDA requires the manufacturer to include a black-box warning. 

If the manufacturer, physician or pharmacist fails to issue an adequate warning, then you may file a defective marketing lawsuit against the responsible party if you suffer harm following the use of a particular medication. 

Defective manufacturing lawsuit

This is the final category of claims. Defective manufacturing can include problems that occurred while the drug was in production resulting in it being unfit for use. Wrong labeling also falls under this category.  

Each year, thousands of patients lose their lives or suffer serious damages due to complications arising from dangerous drugs. If you are hurt as a result of a harmful prescription drug, you may consider exploring your legal options in order to seek appropriate compensation for your damages.