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Defective Drugs Law falls under Product Liability law, is closely related to Pharmaceutical law and often overlaps with Medical Malpractice law.
As in all product liability claims, defective drug claims are based on three defect categories:
– Manufacturing defects – the pharmaceutical drug is manufactured improperly or the drug has become contaminated during the process and causes harm to the end user.
– Design defects (Dangerous side effects) – the pharmaceutical drug was manufactured correctly, but the side effects caused by the drug cause harm or injury.
– Failure to Warn (Defective marketing) – a failure to provide sufficient or appropriate instructions, warnings, or recommendations for the use of the drug.
Defective drug claims can result in a great many different defendants: the manufacturer; testing laboratory; pharmaceutical sales representative; prescribing physician; clinic or hospital; and the pharmacy. When suing a hospital or physician for a drug product liability claim, the plaintiff may also have a medical malpractice claim.
It’s important to note that drugs generally have known side effects and hazards; therefore, in order to prove a defective drug claim due to a its side effects, it is necessary to demonstrate that the plaintiff was improperly or inadequately advised regarding these side effects and their potential dangers.
Defective drugs claims can often be dealt with in class action lawsuits. A plaintiff can join a large group of people that have already been injured or harmed by the drug and have filed a single lawsuit, although they can also choose to maintain their own suit instead. See Mass Tort law.