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Involved in Pharmaceutical Drug Liability Case?

Product liability in relation to pharmaceutical drug liability is when a drug manufacturer or someone within the supply chain such as physician is held liable for providing a defective drug (product) to a consumer. When a drug or medicine causes injury, the drug manufacturer may find itself involved in a product liability suit. Product liability in relation to pharmaceutical drug liability is when a drug manufacturer or someone within the supply chain such as physician is held liable for providing a defective drug (product) to a consumer. There are many factors involved in a successful products liability claim which is why they are best handled by a products liability attorney.

Duty of a Drug Manufacturer

Just as a medical care provider has a duty of care to their patients, drug manufacturers have a duty to appropriately test the drugs and medicines they create before releasing them into the market. Standard testing criteria is provided by the U.S. Food and Drug Administration (FDA) but even after the FDA has licensed a drug for use by the public, the manufacturer still carries liability for the injured plaintiff if the drug proves to be otherwise defective.

Determining Pharmaceutical Product Liability

Apart from over-the-counter drugs that do not require a prescription or discussion with a pharmacist, it can be tricky to determine liability for a pharmaceutical drug injury. The reason is because there is typically always a “learned intermediary” between the manufacture and the end user. The learned intermediary may be a physician who prescribes the drug, a nurse or physician’s assistant who provides instructions on how to take the drug or a pharmacist who fills and explains how to use the prescription. In most cases, an experienced product liability lawyer will be needed to help the plaintiff identify fault for their injuries. These are the following factors affecting the liability case:

  • Unavoidable Unsafe Product
  • Unknown/Known Side Effects
  • Time Lapse Issue

Hiring a Lawyer to Pursue or Defend a Claim

The personal injury attorneys at Roxell Richards Law Firm have years of experience representing families harmed by medical malpractice. We seek justice for patients who have been harmed by preventable medical errors including birth injuries, hospital-acquired infections and wrongful death in Houston State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.