In 2008, the prescription drug market in the United States was valued at $234 billion. At least half of all Americans take at least one prescription drug on a daily basis. Many of these people also face some injuries due to the potential side effects of some dangerous drugs.
In general, a product defect, or product liability, refers to the negligence of a maker, manufacturer, or distributor of a product that was defective and causes harm to the purchaser, user, or a bystander. When a product causes harm, responsibility tends to lie with the seller of the product, the manufacturer of the product, the manufacturer of component parts, wholesalers, or retail stores. If you are looking for a product defect lawyer in Charlottesville, Va to answer some questions or to provide legal counsel, consider lawyers from a firm like MartinWren, P.C.
Common Types of Defective Pharmaceutical Claims
As studies and testimonies have shown, pharmaceutical-related defective product claims tend to be one of the following:
A Drug that Was Defectively Manufactured – When a drug was improperly manufactured, or it became laced with a harmful chemical or toxin, you may have grounds for a defective manufacturing claim. Examples include:
- An error made at the facility where the drug was manufactured.
- An error made during the shipping and distribution process.
- An error made in the labeling process.
A Drug with Serious Side Effects – When a drug is properly manufactured, but has side effects that cause serious harm, it may be a dangerous drug claim. These cases can involve a broad number of drugs including those that are new to the market and those that have been on the market for a long period of time.
A Drug That Was Marked Wrong – Any pharmaceutical drugs are supposed to be fitted with instructions, recommendations for use, or warnings. If a drug fails to provide any of the aforementioned, and causes harm, it may be possible to seek grounds for compensation. Examples may include:
- A drug that failed to warn about the potential risk of a seizure.
- A drug that failed to instruct the user about the correct dosage.
Potential Defendants for Prescription Product Defect Claim
A product defect lawyer may analyze your case and determine who may be responsible. Some of the most common defendants include:
- The manufacturer
- The testing laboratory
- The pharmaceutical sales rep
- The prescribing doctor
- The issuing pharmacist
- A hospital or clinic
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