Clark Love & Hutson
Bg Banner
Clark Love & Hutson

The Nationally Recognized Plaintiffs Litigation
Law Firm

The Nationally Recognized Plaintiffs Litigation Law Firm

What does it mean if a drug is defective?

On Behalf of | Apr 26, 2023 | Dangerous Drug Litigation |

When you take a prescription drug, you expect it to be safe and effective for your condition. However, sometimes, drugs can cause serious side effects, injuries or even death due to defects in their design, manufacturing or labeling. In such cases, Southeast Texans may have a legal right to seek compensation from the drug manufacturer or other parties involved in the distribution of the drug. Defective drugs can be classified into three categories.

Design defects

These occur when the drug has inherent flaws in its chemical structure or formulation that make it unsafe or ineffective for its intended use. For example, a drug that causes cancer or birth defects would have a design defect.

Manufacturing defects

These occur when the drug is contaminated, adulterated or mislabeled during the production process. For example, a drug that contains a different active ingredient or dosage than what is stated on the label would have a manufacturing defect.

Labeling defects

These occur when the drug does not have adequate warnings, instructions or information about its risks, benefits or proper use. For example, a drug that does not warn about possible interactions with other drugs or foods would have a labeling defect.

Defective drug options

If you have been harmed by a defective drug, you may be able to file a civil lawsuit against the drug manufacturer or other liable parties. Depending on the circumstances of your case, you may be able to claim damages for your medical expenses, lost income, pain and suffering, emotional distress and punitive damages.

Roadblocks

However, suing a drug manufacturer is not an easy task. You will need to prove that the drug was defective, the defect caused your injury and that the manufacturer knew or should have known about the defect. You will also need to comply with the statute of limitations and other legal requirements that vary by state and by type of claim.

Remember, defective drugs can cause serious harm to your health and well-being. You deserve to be compensated for your losses and hold the responsible parties accountable for their negligence.