Do I Qualify for a Defective Drug Injury Claim?

packets of drugs

If anything, we assume that drugs are supposed to heal us, not injure us. That is why it is unfortunate and frustrating when you are a victim of a defective drug. If this is your case, it is important that you hold the at-fault party accountable. Read on to learn how to approach your defective drug injury case and how one of the seasoned Howard County product liability attorneys can help you obtain the financial compensation that you rightfully deserve. 

What are common defenses for a defective drug injury claim?

There are typically three different defenses you can use for your defective drug injury claim. They are as follows:

  • Unsafe drug design: drug designers are legally obligated to ensure their drugs are safe for consumer use. 
    • For your claim: you must prove that there was a safer and economically efficient means to produce the drug that would not hinder its function.
  • Negligent drug manufacturing: drug manufacturers are responsible for ensuring that they follow the blueprints provided by drug designers. 
    • For your claim: you must prove that the manufacturers diverted from these guidelines to cut corners, like to save money or time, and thus the drug became unsafe.
  • Improper labeling or failure to provide drug warnings: before a drug can be distributed, manufacturers must ensure that the packaging includes written warnings about potential hazards and instructions on how to use and not use the drug. 
    • For your claim: you must prove that clear marketing was not present on the labeling.

Additionally, even if the drug is not defective, you may still have a case if you can prove that a distributor was at fault. For example, if a doctor or pharmacist prescribes or supplies you with the incorrect medication, they are defined as negligent. For this, it is recommended that you file a medical malpractice claim with one of the knowledgeable Howard County medical malpractice attorneys.

What evidence do I need for my defective drug injury claim?

For starters, the most important piece of evidence that you can preserve is the defective drug itself, even though it may be tempting to toss it away. Make sure that you are able to do so in a safe manner that will not lead to further damages for you or others. If this is not doable, then take photos of the drug, the packaging, and the damage it inflicted on you to help satisfy your burden of proof for your defective drug injury claim.

If you require any further assistance, contact a proficient Howard County personal injury attorney today.

Contact Our Howard County, Maryland Firm

If you or a family member has sustained serious injuries in an accident caused by another person’s negligence, contact Lloyd J. Eisenberg & Associates today. We are here to provide you with the steady and effective legal guidance you deserve.

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