When people think of defective drugs, they often imagine drugs that are inherently dangerous. Perhaps they have been manufactured or designed incorrectly. Maybe they did not go through rigorous enough testing, and the company is releasing the drug without realizing the harm that it is going to cause to the public.
While there certainly are these types of defective drugs, it is important to know that labeling issues can also make a drug defective. The medication itself may not be inherently problematic. It may be safe and have medical benefits. But labeling issues can still put the public at risk because people may not have proper instructions.
Dosage amounts
One of the clearest examples of this is that most drugs come with instructions for how large of a dose a person should take and how often they should do so. Some medications also differentiate between dosage amounts for adults and children.
But mistakes here can be incredibly problematic. Say that someone is told to take three times the normal dose. If they took one pill, it may be safe and effective. If they instead took three, all because of a typo on the label, they could overdose and end up being rushed to the hospital in an emergency.
Or imagine that the labeling provides the same instructions for adults and children. A dose that would be safe for a 200-pound adult could be highly problematic for a 50-pound child. Once again, the medication is not inherently unsafe on its own, but labeling mistakes could cause significant harm.
Your legal options
Have you or a family member been harmed by a defective drug? If so, it is critical that you know what legal options you have moving forward.
