What Evidence Does It Take to Prove that a Drug is Defective?

Patients who have been harmed by defective drugs have clear legal rights. Family members can file defective drug claims in many cases as well. Proving that a drug is defective requires various forms of evidence, including evidence that must typically be obtained through the litigation process. As a result, hiring an experienced defective drug lawyer is a key first step toward seeking just compensation.

If you or a loved one has been harmed by a defective drug, you may have grounds to file a lawsuit against the drug’s manufacturer. Pharmaceutical companies can be held liable when they sell defective drugs, and eligible patients and family members can seek just compensation for their financial and non-financial losses.

Seeking just compensation starts with proving that the drug in question is defective.

So, how do you prove it? Proving that a drug is defective requires several forms of evidence—including many forms that patients and family members cannot practically obtain on their own. As a result, experienced legal representation is essential, and patients and family members who have questions about their legal rights should consult with an experienced defective drug lawyer as soon as possible.

How Do You Prove that a Drug is Defective?

The types of evidence needed to prove that a drug is defective depend on the nature of the defect at issue. Broadly, all defective drug claims fall into one of three categories: (i) design defect; (ii) manufacturing defect; or (iii) failure to warn.

Proving that a drug is defective typically starts with engaging an expert who can assess the drug and its effects. If this assessment suggests that the drug is indeed defective, the expert’s report and testimony will be key evidence going forward. Depending on the nature of the defect, other types of evidence that may be necessary include:

• Documentation of the drug’s research and development
• Documentation of the drug’s clinical trials
• The pharmaceutical company’s internal communications about the drug
• Your (or your loved one’s) medical records
• Warnings, recall notices and other relevant documents

As you can see, much of the evidence that is likely to be needed will be in the pharmaceutical company’s possession. After filing a lawsuit on your behalf, your lawyer will be able to request relevant documentation from the pharmaceutical company through “discovery.” In discovery, litigants are required to disclose relevant evidence upon request, making discovery a critical step in the overall litigation process.

What if the Pharmaceutical Company Refuses to Disclose the Evidence You Need?

What if the pharmaceutical company refuses to comply with your lawyer’s discovery requests? Unfortunately, this is a very real concern. It is not unusual for pharmaceutical companies to vigorously fight discovery requests, particularly when they have something to hide.

But while pharmaceutical companies can fight plaintiffs’ discovery requests, there are mechanisms for enforcing pharmaceutical companies’ (and other defendants’) discovery obligations when necessary. Oftentimes, pharmaceutical companies’ desire to avoid publicly disclosing internal records will help facilitate favorable settlement negotiations as well. If you hire an experienced defective drug lawyer to represent you, your lawyer will be able to do what is necessary to assert your legal rights effectively—including negotiating for a favorable settlement on your behalf if warranted.

What Other Evidence Do You Need to File a Defective Drug Claim?

Along with evidence that the drug in question is defective, filing a defective drug claim also requires evidence of the damages you are entitled to recover. This may include evidence such as:

• Medical bills and insurance statements
• Account records and receipts
• Employment records (if you have a claim for lost income)
• A “pain journal” documenting the day-to-day effects of the drug defect
• Written statements or testimony from experts, family members and other witnesses

Here too, your lawyer can help with making sure you have all of the evidence you need. As you move forward, it will be important to work closely with your lawyer to ensure that you have thorough documentation of all of your financial and non-financial losses.  

FAQs: Filing a Lawsuit for Harm Caused By a Defective Drug

How do I file a defective drug lawsuit?

Filing a defective drug lawsuit requires experienced legal representation. If you think you may have grounds to file a lawsuit, you should talk to an experienced defective drug lawyer promptly.

Am I eligible to join an existing defective drug lawsuit?

There are currently several defective drug lawsuits pending across the United States. Once you get in touch, our lawyers will be able to assess whether you are eligible to join an existing lawsuit and then advise you regarding your next steps.

What should I do if I took a defective drug?

If you took a defective drug, seeking appropriate medical care should be your first priority. Once you have received any emergency treatment you need, your next priority should be to consult with a defective drug lawyer about your legal rights.

Do You Have a Defective Drug Claim? Our Lawyers Can Fight to Prove It

At Searcy Law, we have extensive experience representing patients and families in defective drug lawsuits. If you have questions about your legal rights, here’s how we can help:

• We can determine if you have grounds to file a lawsuit (or join an existing lawsuit).
• If you have grounds to take legal action, we can file a lawsuit on your behalf.
• After filing your lawsuit, we can seek to obtain all necessary evidence through the discovery process.
• We can work with you, your doctors, and other experts to document your financial and non-financial losses.
• We can negotiate for a favorable settlement on your behalf and fight for just compensation in court if necessary.

Schedule a Free Initial Consultation with a Defective Drug Lawyer Today

If you have questions about holding a pharmaceutical company accountable for harm caused by a defective drug, we strongly encourage you to get in touch. To speak with an experienced defective drug lawyer as soon as possible, call 800-780-8607 or request a free consultation online now.