When we take over-the-counter drugs and prescription medications, we trust that they are both safe and effective. Unfortunately, not all over-the-counter drugs and prescription medications are free of defects or health risks. But, what does it mean to say that a drug is defective?
What is a defective drug?
A drug is defective if it poses an unreasonable health risk to patients that take it. In other words, a drug is defective if it causes physical, emotional or psychological harms because of a design, manufacturing or marketing flaw.
Design defects
A drug has a design defect if its formulation or composition is inherently defective. For example, it contains toxic ingredients, or it has severe side effects. For example, the antipsychotic drug, Abilify, can cause compulsive negative behaviors like gambling, shopping, excessive eating and sexual behaviors.
Manufacturing defects
A drug has a manufacturing defect if the defect in the drug occurred during its manufacturing process, like during distribution, storage, packaging or production. This can be drug contamination, mislabeling, adulteration or dosage errors. For example, in 2019, some blood pressure medications were recalled because some batches were contaminated with NDMA, a known carcinogen.
Marketing defects
A drug has a marketing defect if there was a defect in its promotion or advertising. This can include inadequate drug use instructions, bad or omitted warnings, misleading or false information, etc. For example, GlaxoSmithKline paid $3 billion in 2012 to settle marketing defect claims because it failed to report safety data, among other defects.
How does it work in Texas?
If you have suffered injuries or damages as a result of taking a defective drug in Texas, you can likely sue the manufacturer, distributor or seller of the drug. However, our state requires you to prove three things. First, that the drug was defective. Second, that the defect was the cause of your injuries or damages. And, that you suffered actual losses or damages as a result of that defect.
