Medication Product Liability
Medical products (drugs, devices, etc.) are created to help prevent and treat a wide range of injuries, diseases, and conditions. However, when these products are defective, they can put your life in danger. Did a defective product or dangerous medication cause you harm? If so, know that you may be entitled to pursue a medication product liability claim.
Types of Medication Product Liability Claims
Here are some types of medication product liability claims:
- Defectively Manufactured Drugs: Any harm or injury caused by a medication that was made defectively or became defective in any of the phases during the manufacturing process may result in a product liability claim.
- Drugs with Dangerous Side Effects: If the medication was properly manufactured but did not notify the user of a known side effect that led to an injury, then this may qualify for a type of liability claim.
- Improperly Marketed Pharmaceutical Drugs: Marketing here refers to warnings or misrepresentations that are typically associated with medication products. If the manufacturer failed to provide clear instructions for safe product use or simply didn’t warn about its dangerous side effects, this may lead to a product liability claim.
Who is Liable for a Medication Product Liability Claim?
To determine liability in a medication product liability claim, you will need to examine the supply chain of the product from start to finish. This will help you identify all entities that were involved in the product manufacturing, testing, and distribution to the general public. Typically, these are the entities that may be held liable in such a claim:
- Manufacturer
- Testing Laboratory
- Sales Representative
- Doctor
- Hospital
- Pharmacist
Filing a Medication Product Liability Claim
Filing a medication product liability claim requires ample proof of your injuries and proof that the manufacturer of the product was negligent in some way. Apart from this, you must also show that the negligence of the manufacturer was the direct cause of your injuries and that your losses/damages are a result of those injuries.
Medical product manufacturers often employ a large number of lawyers to make sure they aren’t sued or to prevent a favorable plaintiff’s verdict in court. So, it is important that you consult with an experienced product liability attorney about your case.
Expected Compensation
If you can prove the key elements of your product liability case, you may expect to receive compensation. The compensation you receive should cover your:
- Medical Expenses
- Emotional Distress
- Physical Pain
- Lost Wages
- Disfigurement
- Physical Limitations
- Lost Earning Capacity
Hilton & Somer, LLC: Virginia, Maryland & D.C. Product Liability Attorneys
When you buy a medication or medical product, you expect it to work and certainly not cause you harm or make your condition worse. If you or a loved one has been injured in a product liability accident, get in touch with us at Hilton & Somer, LLC. Our experienced product liability attorneys will fight for you to help you get the compensation you deserve. You shouldn’t have to take on such a challenging claim on your own. Call at 703-560-0700 or contact us online to schedule a free consultation.
References
https://www.nolo.com/legal-encyclopedia/product-liability-claims-pharmaceutical-drugs-30314.html
