Just like any other company that produces consumer products, drug manufacturers have a moral and legal obligation to ensure what they make is safe. Unfortunately, they don’t always adhere to this standard, which has left many people seriously harmed after taking dangerous drugs. When this occurs, the injured party can seek damages by hiring an attorney and filing a defective product claim. However, before moving in this direction, it’s important to understand some features unique to these types of product liability claims.

What to Know About Pharmaceutical Drug Liability

The Duty of a Drug Manufacturer

Under personal injury law, drug manufacturers have a duty of care to properly test the pharmaceuticals they produce before releasing them onto the market. Testing must follow certain criteria put into place by the U.S. Food and Drug Administration. When drugs are adequately tested, injury can often be avoided, though there are some instances when a medication is approved and still causes injuries due to a defect. Manufacturers also have a responsibility to provide appropriate warnings to physicians, pharmacists, and consumers about any known side effects.

Factors Affecting Pharmaceutical Liability

When establishing fault for pharmaceutical drug liability, a few different factors must be taken into consideration. First, some drugs are considered to be unavoidably unsafe products. This means they will always carry a certain degree of risk, regardless of how well they’re manufactured and labeled. Second, drug manufacturers don’t have a duty to warn about unknown side effects. Finally, there are situations when time lapse issues apply for injuries that don’t show up until years after the drugs were taken. Pharmaceuticals that fall into any of these categories can’t typically be the basis for a claim. A product liability attorney will determine the validity of a case.

Types of Drug-Related Product Liability Claims

There are three basic types of drug-related product liability claims. An injured party may pursue damages based on a defectively manufactured pharmaceutical drug, medications with dangerous side effects, and improperly marketed drugs. A case may also involve a combination of these claims along with multiple defendants.

Taking defective pharmaceuticals can result in life-altering injuries or even death. The attorneys at Ely, Bettini, Ulman, Rosenblatt, & Ozer, Attorneys at Law believe consumers shouldn’t have to suffer because of a drug manufacturer’s failure to ensure their products are safe. They work diligently for their clients to maximize the amount of restitution they’re entitled to. They have represented many Phoenix, AZ, residents in drug-related defective product claims, successfully helping them recover the compensation they deserve. Contact them at (602) 230-2144 to schedule a consultation, or visit their website to learn more.