What is a defective drug?
A defective drug is a medication that is either prescribed or purchased over the counter that is supposed to help you, but instead it is dangerous because of some defect in its manufacture or packaging or because the drug did not carry accurate or complete warnings regarding its use. In recent years, some of the most well-known dangerous drugs have been Fentanyl (patch that releases pain medication), Ortho-Evra birth control, Paxil anti-depressant, Trasylol, Seroquel Vioxx and Yaz .
Who is liable for my injuries?
There are several parties who may be responsible for injuries sustained from a defective drug, including:
Drug manufacturers: insufficient research and/or incomplete testing can lead to a defecting drug being introduced into the marketplace. If a pharmaceutical company attempts to hide a drug's dangerous side effects, this can be grounds for a product liability lawsuit.
Pharmacists: when a pharmacist fills a prescription with the wrong medication or incorrect dosage, this can be the basis for a medical malpractice lawsuit.
Medical staff: if your doctor or nurse prescribes a medication that another health care worker would not have, this negligence can result in injuries and even death.
What is product liability law?
Product liability is the law holds manufacturers, wholesalers and distributors responsible for making and distributing defective drugs. A drug may be defective because of design flaws, manufacturing defects, and insufficient labels and warnings.
How can I win my product liability claim?
Successful product liability claims must prove that your injury was caused by the negligence or wrongdoing of another party. This means that a "reasonable” manufacturer should have known that the drug’s design was defective or could have foreseen the medication causing injuries. A defect in a product is not always obvious. The personal injury lawyers at The Cochran Firm have handled thousands of product liability cases and know what to look for when assessing your particular claim. We closely examine all the contributing factors and draw on our expertise to make sure you are awarded the compensation you and your family deserve.
How can I avoid becoming injured by a defective drug?
The best thing you can do is to communicate with your doctor about the medication you plan on taking. Give that person a list of current medications and supplements you are taking, and fully disclose your medical history and lifestyle habits. Ask your pharmacist about the risks and benefits of any medication and potential dangers of mixing drugs.