If a Drug is Dangerous, Does It Matter if It is “Defective?”

A drug does not necessarily have to be “defective” to warrant legal action. Manufacturers that sell dangerous drugs can also be held liable for negligence and breach of warranty, among other grounds. If you have questions about your legal rights, an experienced dangerous drug lawyer can determine whether you have grounds to seek just compensation.

Dangerous drugs are far more common than they should be. Despite pharmaceutical companies’ legal obligation to ensure that drugs are safe for their intended use, we regularly hear from patients and family members who are struggling to cope with the effects of dangerous medications.

In many cases, a dangerous medication will be considered “defective” under the law. But, even if a drug is not legally defective, unanticipated and undisclosed complications can still serve as grounds to seek just compensation. Learn more from an experienced dangerous drug lawyer at Searcy Law:

What Does it Mean for a Drug to Be “Defective?”

A drug is considered legally “defective” if it is unsafe for its intended use. Defects can result from a drug’s composition (i.e., if its ingredients combine to create an unsafe molecular formulation) or from issues arising during the manufacturing process. Many defective drug cases involve labeling defects as well, such as incorrectly identifying a safe dose or failing to warn of potential complications.

If a drug (or any other product) is defective, this has important legal implications. When filing a lawsuit based on a defect, proof of negligence is not required to establish liability. Plaintiffs in defective drug cases also do not need to prove a breach of warranty or any other grounds for taking legal action. If a drug is defective, this alone is enough to substantiate a claim for just compensation.

What if a Drug is Dangerous But Not Legally Defective?

If a drug is not defective, patients and family members may still be able to pursue claims on other grounds. Some examples of other grounds to pursue dangerous drug lawsuits include:

• Negligence – Even if a drug is not legally defective, if the manufacturer was negligent in bringing an unsafe drug to market, this can still serve as clear grounds for patients and families to seek just compensation.
• Breach of Warranty – Warranty breaches can also serve as grounds for filing dangerous drug lawsuits. Along with a manufacturer’s express (written) warranties, drugs may come with various implied warranties as well.
• Fraud – If a pharmaceutical company knowingly withholds or misrepresents information about a drug’s risks, this can give rise to a claim for fraud. Unfortunately, this is also far more common than it should be.

Proving negligence, a breach of warranty, or fraud requires thorough documentation and a clear understanding of the relevant law. As a result, experienced legal representation is essential. Drug manufacturers can be forced to disclose internal communications and other records through the litigation process; and, in many (but not all) cases, the threat of disclosure will lead to favorable settlement negotiations.

How Do You File a Claim Related to a Dangerous Drug?

Filing a claim related to a dangerous drug generally involves suing the drug’s manufacturer in court. This is a complex process, and drug manufacturers (and their insurance companies) fight patients’ and family members’ lawsuits by all means available.

If you have a claim related to a dangerous drug, there is a good chance that you are not alone. If other patients or families have experienced similar issues, you may be eligible to form or join a mass tort case. In mass tort cases, multiple plaintiffs pursue their claims together, and this creates additional pressure for defendants to consider a fair settlement.

FAQs: Lawsuits Against Drug Manufacturers Involving Dangerous Medications

How can I determine if a drug is dangerous?

Determining if a drug is dangerous requires a comprehensive scientific and legal analysis. If you have questions about filing a dangerous drug claim, our lawyers can conduct this analysis (if one has not already been performed), and then advise you on your next steps.  

What compensation is available to patients and families in dangerous drug cases?

In dangerous drug cases, patients and families can seek just compensation for their financial and non-financial losses. This includes compensation for their present and future out-of-pocket costs (including medical expenses), lost earnings, pain and suffering, emotional trauma, loss of consortium and companionship, and loss of enjoyment of life.

Do I have to pay anything out of pocket to file a dangerous drug lawsuit?

No, you do not have to pay anything out of pocket to file a dangerous drug lawsuit. If you have grounds to sue a pharmaceutical company, our legal team will fight to recover just compensation on your behalf at no out-of-pocket cost.

How Our Legal Team Can Help if You’ve Been Harmed By a Dangerous Drug

While dangerous drug lawsuits are complex, our firm has a long track record of success in these cases. If you (or a loved one) has been harmed by a dangerous drug, here are just some of the ways our legal team can help:

• We will answer your questions and provide a preliminary assessment of your legal rights in a free, no-obligation consultation.
• If it appears that you may have a dangerous drug claim, we will conduct a thorough scientific and legal analysis to determine if a lawsuit is warranted.
• If a mass tort case involving the drug is already pending, we will help you join the ongoing litigation.
• If there is not a mass tort case already pending, we will sue the drug company in the appropriate court.
• After filing your lawsuit, we will negotiate for a favorable settlement and, if necessary, fight to recover the financial compensation you deserve at trial.

Schedule a Free Consultation with a Dangerous Drug Lawyer at Searcy Law

Do you need to know more about filing a dangerous drug lawsuit? If so, we invite you to get in touch. Call 800-780-8607 or contact us online to arrange a free, no-obligation consultation.