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3 Types of Drug-Related Product Liability Claims

If you have been injured or made ill from using a pharmaceutical prescription, you may have grounds to file a defective pharmaceutical lawsuit. According to Natural News, each year close to 784,000 patients die due to conventional medical mistakes. Out of that number, 106,000 are from prescription drugs. Many experts believe this is a conservative number due to underreported cases of adverse drug reactions.

There are three types of drug related product liability claims:

  • Pharmaceutical drugs that were defectively manufactured. This type of claim occurs when the drug has been improperly manufactured or became tainted during the production process. Examples of this could be the result of anything from improper labeling on the bottle, putting the wrong ingredient in the pill during manufacturing, or something going wrong during the shipping process. Basically, this type of claim is valid so long as the plaintiff is injured when a drug becomes tainted in any way at the factory or wherever the drug is sold (or anywhere else along the way).

  • Pharmaceutical drugs with dangerous side effects. These claims take place when a drug has caused serious side effects resulting in serious injury or illness. Many times a victim may claim the company knew about the side effects and did not properly disclose the risks. Some of these cases involve drugs that have been on the market for a very long time. With the passage of time, it may be discovered that the drug can cause serious health issues. Many people that file this type of claim believe the company knew about the potential dangers but never reports the information. If this can be proven in court, the victim(s) may receive a great deal more money from a lawsuit in the form of punitive damages.

  • Pharmaceutical drugs that were falsely marketed. When the victim of a bad drug believes that the pharmaceutical company did not accurately provide instructions or adequate warnings about the proper use of the drug, they may file a claim. This can be anything from not disclosing information about side effects to embellishment of what the drug is capable of doing. This type of claim is often referred to as the "bad advice" claim, meaning that the drug manufacturer, the pharmacist or even the doctor gave poor and inadequate instruction on the proper use of the drug.

When you file a pharmaceutical injury lawsuit, you actually may be able to file a combination of claims. For example, if you were to become ill from the drug, you could sue based on the grounds of injury from the side effects, as well as file an incorrect marketing claim indicating that the company did not warn you of the potential danger of this drug.

When making one or more of these claims, you must look carefully at all of the people involved in the drug process. This includes the company that manufactured it, the person responsible for distribution, and also the individual or company that was responsible for getting it into the hands of consumers. Often, in defective drug cases there are multiple entities involved, including the manufacturing facility, a doctor, hospital, pharmacy, testing laboratory, pharmaceutical sales rep or even the shipping facility.

Filing a defective drug claim can be very complex and must be handled carefully. If you or one of your loved ones has become seriously ill or injured from using a pharmaceutical drug, contact the Tennessee pharmaceutical injury attorneys at Gilreath & Associates to discuss you case at no cost.

Visit our blog and Tennessee Personal Injury Guide to learn more about our firm, defective drug litigation and personal injury law.

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