Different drugs and medicines must be properly tested before entry into the market. Testing must be conducted according to the Food and Drug Administration’s standards and the criteria they set forth. In circumstances when a drug is defective and injures patients and consumers, drug companies may be liable for the damages and harm suffered by the victims.
Products liability law in general can be a complex area of law and can be complex when applied to drug manufacturer liability. In general, drug makers have a duty to warn users of potential dangers of a drug but may not be liable for unknown dangers of a drug. Drug manufacturers must also keep information up-to-date concerning potential dangers of a drug. When users have been injured by a defective or dangerous drug, such as a drug that is the subject of a prescription drug recall, different protections and remedies may be available to them for recovery of their damages.
Dangerous or defective prescription drugs can have sometimes lethal consequences and can cause significant harm to victims and their families. Victims may suffer medical expenses and require ongoing medical care. In addition, depending on the nature of the harm they have suffered, they may also suffer lost earnings and lost-earning capacity. In the worst situations, family members may suffer the loss of a loved one due to a dangerous or defective drug. Surviving family members may suffer financial and emotional damages as a result of the harm they have suffered after losing a loved one because of a dangerous or defective drug.
There is a variety of important protections, and layers of protection, available to victims of dangerous or defective drugs. Products liability law is one important resource with which victims harmed by a defective drug and their families should be familiar.
Source: Injury.findlaw.com, “Pharmaceutical Drug Liability,” Accessed July 5, 2016